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

“attempts to enforce.” Where a statute does not define a term, the court may look

to the dictionary for a definition of the term’s ordinary meaning. State v. Christian,
-6-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 83734-6-I/7

200 Wn. App. 861, 865, 403 P.3d 925 (2017). The term “attempt” is defined as “to

make an effort to do, accomplish, solve, or effect.” W EBSTER’S THIRD NEW

INTERNATIONAL DICTIONARY 140 (1993). And “enforce” is defined to include “1 : to

give force . . . 5 : . . . COMPEL . . . 7 : to put in force : cause to take effect.” W EBSTER’S

at 751. Thus, the ordinary meaning of “attempts to enforce” is to make an effort to

give force, compel, or put in force: cause to take effect. Applying that construction

here, Hoskins attempted to enforce provisions that were contrary to the SMC when

he charged and collected a security deposit in excess of the monthly rent and a

nonrefundable fee in excess of 10 percent of the monthly rent in violation of SMC

7.24.035(A) and (B)(4) and did so without providing a signed checklist as required

by SMC 7.24.030(C)(1), which is a violation of SMC 7.24.035(E).

Having concluded that the trial court correctly found Hoskins violated the

SMC in multiple respects, we turn to the issue of remedy. By ruling that Tenants

could not recover damages unless they could show actual damages, the trial court

misinterpreted SMC 7.24.060(A)(1). That section states: