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Wash. Supreme Court published opinion — 980241.pdf

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Wash. Supreme Court published opinion — 980241.pdf
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Washington (state)
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for this appeal if he ultimately prevails in the trial court. Faciszewski v. Brown, 187

Wn.2d 308, 324, 386 P.3d 711 (2016). In this case, the trial court is in the best

position to make a determination of who is the prevailing party and the amount of

reasonable attorney fees and expenses that should be awarded for the work at the

trial court and on the appeal. Therefore, the determination of the attorney fees and

expenses to be awarded is remanded to the trial court. RAP 18.1(i). We remand to

the superior court for further proceedings consistent with this opinion.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Silver v. Rudeen Mgmt. Co.
No. 98024-1

III. CONCLUSION

A tenant’s security deposit is the personal property of the tenant unless and

until they breach their duties under the RLTA. When a landlord fails to return the

deposit along with a full and specific statement for retaining any portion of the

deposit within the time frame required by the RLTA, the tenant may file an action

under RCW 59.18.280 to recover their deposit. Such an action is an action for the

specific recovery of personal property, and it is thus governed by the three-year

statute of limitations under RCW 4.16.080(2). Silver’s complaint was, therefore,

timely. Accordingly, we reverse and remand to the superior court.

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WE CONCUR:

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