Wash. Court of Appeals published opinion — 877801 orderandopinion.pdf

Citation: Wash. Court of Appeals published opinion — 877801 orderandopinion.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/877801%20orderandopinion.pdf ↗

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The first proposed class … includes: All persons in the State of
Washington who signed a lease with TAG [Realty] containing a deposit
forfeiture provision herein described, which constitutes violations of the
[CPA].
…
The second proposed class … includes: All persons in the State of
Washington who signed a lease with TAG [Realty] and who did have
some or all of such deposit forfeited, voided, or otherwise confiscated (and
thus retained by TAG [Realty] or its principals), which constitutes
violations of the [RLTA].

In TAG Realty’s answer, it denied that its lease agreement with the Cromars

contained a security deposit forfeiture provision that was illegal under the RLTA but

admitted that it “unknowingly and in reliance upon prior court orders, lease form

3
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
87780-1-I/4

publications, and established practice retained deposit that it now knows was improper

because the remedy for early termination is statutorily defined.” TAG Realty also denied

that it was liable for violations of the CPA “by having [the Cromars] and class members

sign an agreement allowing a deposit to be forfeited.” TAG Realty asserted 15

affirmative defenses and “reserve[d] the right to plead further answer, affirmative

defenses, counterclaims and/or third-party claims as investigation and discovery may

warrant.” TAG Realty requested the court deny the Cromars’ alleged class, dismiss the

complaint with prejudice, and award TAG Realty its costs and attorney fees. 4

On September 6, 2024, TAG Realty responded to the the Cromars’ first set of

interrogatories and admitted that it withheld security deposits for 13 additional tenants’

early lease terminations since September 8, 2019. TAG Realty noted that discovery was