IN THE SUPREME COURT OF THE STATE OF WASHINGTON
THOMAS SILVER, ) No. 98024-1
)
Petitioner, )
)
v. ) EN BANC
)
RUDEEN MANAGEMENT )
COMPANY, INC., )
) Filed: April 22, 2021
Respondent. )
______________________________ )
MONTOYA-LEWIS, J.— During a period of transformation in landlord-
tenant law aimed at improving living conditions and balancing the bargaining
positions between landlord and tenants, the Washington Legislature passed the
Residential Landlord-Tenant Act of 1973 (RLTA), ch. 59.18 RCW. The RLTA
regulates the landlord-tenant relationship in Washington, imposing interdependent
obligations on the parties to a residential lease and providing remedies for breaches
of those duties. However, it does not specify a statute of limitations applicable to
actions brought under the act.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Silver v. Rudeen Mgmt. Co.
No. 98024-1
In this case, a residential landlord withheld a tenant’s security deposit after
the termination of the tenancy, demanding a large sum of money for alleged
excessive wear and tear to the premises. Two years and two months later, the tenant
filed suit, alleging that the landlord failed to comply with the RLTA and seeking to
recover his security deposit. The tenant claimed that he is entitled to recover his
security deposit because the landlord failed to return it or to provide a full and
specific statement of the basis for retaining it within the time period required by
RCW 59.18.280(1). We are asked to determine the applicable statute of limitations
for such an action.
We hold that a tenant’s action under RCW 59.18.280 is an action to recover
the tenant’s personal property—the security deposit—and is subject to the three-year