two-year catchall statute applies to “[a]n action for relief not hereinbefore provided
for.”); Stenberg v. Pac. Power & Light Co., 104 Wn.2d 710, 715, 709 P.2d 793
(1985) (citing Citizens’ Nat’l Bank v. Lucas, 26 Wash. 417, 418, 67 P. 252 (1901)).17
Moreover, “[w]hen there is uncertainty as to which statute of limitation governs, the
longer statute will be applied.” Stenberg, 104 Wn.2d at 715. Given this
17
Further, the catchall statute of limitations does not apply merely when an action seeks to
enforce a liability created by statute. State ex rel. Bond v. State, 59 Wn.2d 493, 497-98, 368 P.2d
676 (1962), overruled on other grounds by Stenberg, 104 Wn.2d at 718, 720.
17
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Silver v. Rudeen Mgmt. Co.
No. 98024-1
understanding of the nature of the security deposit and the framework of our statutes
of limitations, we agree with Silver.
Therefore, we hold that Silver’s action to recover his security deposit under
the RLTA is subject to the three-year statute of limitations under RCW 4.16.080(2).
Thus, Silver’s complaint was timely and the trial court erred when it dismissed it.
We reverse.
B. Attorney Fees
Silver has requested an award of costs and reasonable attorney fees. RAP 18.1
permits an award of reasonable attorney fees or expenses on review before this court
if applicable law grants a party the right to attorney fees or expenses. In an action
brought by the tenant to recover their deposit, the prevailing party is entitled to the
cost of suit, including reasonable attorney fees. RCW 59.18.270, .280(2). Since
Silver has prevailed here, he will be entitled to reasonable attorney fees and expenses