Wash. Court of Appeals published opinion — 837346 orderanopinion.pdf

did not realize that this limit had changed in 2017 and had thus charged Tenants

an excessive amount. When Tenants brought this issue to Hoskins’ attention, he

promptly refunded the overage.

When they took occupancy of the Property, Tenants’ understanding was

that they were to take care of the yard. Hoskins asked if they wanted to hire a
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 83734-6-I/3

gardener, and they indicated they did not because they liked gardening. They

subsequently struggled to maintain the yard, so Hoskins asked again if they

wanted to hire a gardener. This time, Tenants agreed. Hoskins then found a

gardener, and Tenants agreed to pay the gardener $50 per month. Thereafter, the

gardener maintained the yard periodically but did not notify Hoskins or Tenants

when he would be performing these services.

The lease expired on June 27, 2019, and Tenants thereafter agreed to go

month to month (with no rent increase) until they moved out at the end of August.

When Tenants moved out, they did not leave the Property in the same condition

that it was in at the inception of the lease. Hoskins incurred various costs for

cleaning and repairs to return the Property to its prior condition, and he subtracted

those charges from Tenants’ remaining security deposit.

After Tenants informed Hoskins that they would be moving out at the end

of August, Hoskins identified a prospective tenant, who signed a lease with

Hoskins with a move-in date of August 24, 2019. The prospective tenant paid

Hoskins $6,587 but then rescinded the lease for a number of reasons, including

the condition of the apartment and yard. The prospective tenant and Hoskins