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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

James S. Black & Co. v. Charron, 22 Wash. App. 11 (1978)

Citation
James S. Black & Co. v. Charron, 22 Wash. App. 11 (1978)
Parent Document
James S. Black & Co. v. Charron, 22 Wash. App. 11 (1978)
Jurisdiction
Washington (state)
Effective Date
1978-11-28

Full Text

1,077 chars
Finally, appellant contends that the security deposit addendum to the lease operated as liquidated damages, and therefore, respondent's recovery is limited to the $225 deposit. We find no merit to this contention. The addendum was clearly labeled a "Security Deposit Agreement." Such agreements are governed by statutes3 which provide that a security deposit agreement will not preclude a landlord from proceeding against a tenant for sums exceeding the amount of the deposit. RCW 59.18.280. There is no indication that the parties intended the security deposit agreement as a waiver or an election of remedies by the landlord. Pague v. Petroleum Prods., Inc., 77 Wn.2d 219, *16224, 461 P.2d 317 (1969); see also Stoebuck, The Law Between Landlord and Tenant in Washington, 49 Wash. L. Rev. 1013, 1032-33 (1974). Generally, "[a]ntecedent waivers of remedies must be clearly expressed and agreed upon." Green River Valley Foundation, Inc. v. Foster, 78 Wn.2d 245, 251, 473 P.2d 844 (1970). We find no error by the trial court in awarding damages and back rent against appellant.