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WA State-Landlord files Ch 7 Bankruptcy. Can Security Deposit be recovered?

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Thecompdude

Junior Member
Hi,
I live in Seattle, WA. My residential landlord gave me a month's notice and asked me to move out of the condo by end of Feb. After a week of moving out, the landlord filed for Chapter 7 Bankruptcy and I received a notice about the same from the bankruptcy court & his lawyer. I have not received a letter about the deposit or any deductions from the landlord after moving out and it has been 3 weeks since the move out. The deposit amount is $1500.

As per Landlord-Tenant law Clause 59.18.270 - The claim for security deposit takes priority over all other claims even that of the bankruptcy trustee.

Also as per clause 59.18.280 - I am entitled to full refund since the 14 day waiting period has passed by.

What are my options now? How should I address this situation? Should I approach the trustee? And how should I present the case to him? Or should I go to Small Claims Court?
 


Who's Liable?

Senior Member
Tenants are so low on the pay back chart, most likely will never see a dime...
However if you want to make a case and show up to the meeting of creditors, have at it... At least you'll get to see what the scum looks like...
 

Thecompdude

Junior Member
This is very disappointing to hear. I am planning to go to the Creditor's meeting, which is next month. But I am also going to the Bankruptcy Clerk & Trustee this week and submit a letter with my claim and the WA state law clauses, which specifically states that the deposit amount should be held in a trust account and should not be co-mingled.

Moreover I was not a creditor to the landlord. I never got an opportunity to check his credit report to determine his credit worthiness before renting!

All this is so unfair!!
 

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