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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
Jurisdiction
Washington (state)
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Christensen violated former RCW 59.18.280 as alleged in count 10.

Mr. Christensen assigns error to the trial court awarding Ms. Heston double the

security deposit amount. He claims the evidence failed to establish that he intentionally

refused to mail the statement or refund the deposit. Ms. Heston responds that it is

undisputed that Mr. Christensen did not return the deposit within 21 days. Such inaction

amounts to an intentional refusal to comply with former RCW 59.18.280.

Former RCW 59.18.280(2) stated that “[i]f the landlord fails to give the statement

together with any refund due the tenant within the time limits specified he or she shall be

liable to the tenant for the full amount of the deposit.” In its discretion, a trial court may

“award up to two times the amount of the deposit for the intentional refusal of the

landlord to give the statement, or refund due.” Id. (emphasis added). A tenant seeking an

award greater than their deposit has the burden of proving the landlord intentionally

withheld the deposit.

Here, the final bill claimed cleaning fees and damages totaling $253.20. Without

explanation, this amount was increased to $255.00 on the final bill. Also included in the

16
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 39271-6-III
Heston v. Christensen

final bill was an additional $240.00 charge for shampooing the carpets in three rooms.

However, the fee for carpet cleaning was previously included in the $255.00 total

cleaning and damage charge. At his deposition, Mr. Christensen testified that he may

have mistakenly assessed the $240.00 carpet cleaning fee.

Mr. Christensen intentionally refused to timely and sufficiently provide Ms.