Heston a full and specific statement explaining the basis for retaining her deposit as well
as a refund due. First, Mr. Christensen failed to timely mail a full and specific statement
explaining the basis for retaining Ms. Heston’s deposit. Secondly, even if we were to
conclude his notice was timely, Mr. Christensen, at best, justified only withholding
$253.20 of the deposit, not $600.00. The trial court correctly awarded Ms. Heston double
her security deposit per former RCW 59.18.280(2).
ATTORNEY FEES
Ms. Heston requests an award of attorney fees on appeal. A party is entitled to an
award of reasonable attorney fees if an applicable law grants the right to recover attorney
fees. RAP 18.1(a). Mr. Christensen’s violation of RCW 59.18.625, .280, and .255
resulted in a judgment in favor of Ms. Heston. Each statute Mr. Christensen violated
contains a provision for an award of reasonable attorney fees to the prevailing party. As
the prevailing party, we grant Ms. Heston’s request for an award of reasonable attorney
fees on appeal.
17
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 39271-6-III
Heston v. Christensen
Affirmed.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.
Cooney, J
WE CONCUR:
Fearing, C.J.
Lawrence-Berrey, J.
18