during his deposition, Mr. Christensen testified he signed the final bill on January 14,
2022. This would correspond with the final bill being postmarked January 15, 2022.
Later, in his affidavit, Mr. Christensen declared that he mailed the final bill within 21
days of Ms. Heston vacating the property. It is undisputed Ms. Heston vacated the
property on December 22, 2021. Therefore, a full and specific statement explaining the
basis for retaining Ms. Heston’s security deposit was required to be mailed no later than
January 12, 2022.
Secondly, Mr. Christensen testified at his deposition that he had not experienced
any difficulties between the time Ms. Heston vacated the property and January 14, 2022,
when he signed the final bill. In his subsequent affidavit, Mr. Christensen cites numerous
health conditions and the COVID-19 pandemic as a basis for any delay in mailing the full
and specific statement explaining the basis for retaining the deposit.
Given that subsequent affidavits cannot create an issue of material fact to defeat
summary judgment when a prior deposition offered clear testimony, we are bound to rely
on Mr. Christensen’s deposition testimony. His testimony established that he did not
complete or mail the form within the 21-day statutory period. While Mr. Christensen’s
15
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 39271-6-III
Heston v. Christensen
affidavit established that he was is in poor health and was unable leave his residence
without assistance, it does not present sufficient facts to support the exception provided in
former RCW 59.18.280(1). Clearly, Mr. Christensen was capable of managing his rental
properties from his home through the assistance of his employees. Consequently, Mr.