(1) If the tenant defaults in the payment of rent and reasonably
indicates by words or actions the intention not to resume tenancy, the
tenant shall be liable for the following for such abandonment: PROVIDED,
That upon learning of such abandonment of the premises the landlord
shall make a reasonable effort to mitigate the damages resulting from
such abandonment:
(a) When the tenancy is month-to-month, the tenant shall be liable
for the rent for the thirty days following either the date the landlord learns
of the abandonment, or the date the next regular rental payment would
have become due, whichever first occurs.
(b) When the tenancy is for a term greater than month-to-month,
the tenant shall be liable for the lesser of the following:
(i) The entire rent due for the remainder of the term; or
(ii) All rent accrued during the period reasonably necessary to
rerent the premises at a fair rental, plus the difference between such fair
rental and the rent agreed to in the prior agreement, plus actual costs
incurred by the landlord in rerenting the premises together with statutory
court costs and reasonable attorneys’ fees.
RCW 59.18.310. Thus, the statute allows the landlord financial recovery for rent that
would otherwise be lost when a tenant abandons the lease, but prevents a windfall by
requiring a landlord make reasonable effort to mitigate the damages.
In this case, the unit was rerented by December. The landlord assessed $1,400
for the rent accrued when the unit was vacant during month of November 2017, as
allowed under RCW 59.18.310(1)(b)(ii). However, in addition to this accrued rent, the
landlord also retained the $1,400 security deposit. This retained security deposit
amounts to a double recovery and undermines the mitigation requirement of RCW