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

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

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tenant’s deposit provides security for the performance of the tenant’s obligations under

the lease, but ‘[n]o part of the deposit belongs to the landlord unless and until the tenant

breaches.’” Silver, 197 Wn.2d at 545 (alteration in original) (quoting 17 WILLIAM B.

STOEBUCK & JOHN W. WEAVER, WASHINGTON PRACTICE: REAL ESTATE: PROPERTY LAW §

6.53, at 398 (2d ed. 2004)).

To further protect tenant interests, the attorney fee provision under RCW

59.18.280(2)11 authorizes tenants to recover fees and costs where a landlord fails to

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RCW 59.18.280(2) states:
If the landlord fails to give the statement and any documentation required
by subsection (1) of this section together with any refund due the tenant within
the time limits specified in subsection (1) of this section he or she shall be liable
to the tenant for the full amount of the deposit. The landlord is also barred in any
action brought by the tenant to recover the deposit from asserting any claim or
raising any defense for retaining any of the deposit unless the landlord shows
that circumstances beyond the landlord’s control prevented the landlord from
providing the statement and any documentation within the 30 days or that the
tenant abandoned the premises as defined in RCW 59.18.310. The court may in
its discretion award up to two times the amount of the deposit for the intentional
refusal of the landlord to give the statement, documentation, or refund due unless
the landlord shows that circumstances beyond the landlord’s control prevented
the landlord from providing the statement and any such documentation within 30
days or that the tenant abandoned the premises as described in RCW 59.18.310.
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
87780-1-I/21