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Wash. Court of Appeals published opinion — 392716_ord.pdf

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Wash. Court of Appeals published opinion — 392716_ord.pdf
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Washington (state)
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The final bill includes an interest charge for the month of December ($29.75) but
does not appear to include the charge of $29.75 for July-November. The December
charge was not included as one of the counts in the complaint but was referenced in the
summary judgment order by the trial judge when deciding on all of the counts including
count 8, the July-November charge.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 39271-6-III
Heston v. Christensen

during the eviction moratorium period in violation of RCW 59.18.625. Consequently,

Mr. Christensen violated RCW 59.18.625(1) as alleged in counts 3 through 8.

In count 9 of her second amended complaint, Ms. Heston alleged that Mr.

Christensen violated RCW 59.18.625 by charging statutory interest on the unpaid rent

that accrued between July through November 2021. In the bill dated December 22, 2021,

Mr. Christensen cited “RCW 4.56.110(1) Statutory Interest 1.5%/mo” to support his

demand of $248.60. CP at 100. During his deposition, Mr. Christensen testified that the

one and one-half percent interest charge was on the entire amount owed, compounded

at one and one-half percent monthly. The statutory interest charge was imposed on rent

that was due during the eviction moratorium period in violation of RCW 59.18.625.

Consequently, Mr. Christensen violated RCW 59.18.625(1) as alleged in count 9.

Mr. Christensen next challenges the applicability of RCW 59.18.625 to counts

3 through 9 because interest on unpaid rent is permissible under RCW 19.52.010. In

support of his argument, Mr. Christensen cites Rental Housing Ass’n v. City of Seattle,

22 Wn. App. 2d 426, 512 P.3d 545 (2022). In Rental Housing Ass’n, we concluded that