[WSBARP] Forfeiture of security deposit?

[Jon Fritzler]

Calling all landlord-tenant gurus.
Tenant broke a residential lease. LL returned most of the security deposit to tenant but now is claiming that in addition to being liable for rent until the property was rented again (which occurred before the lease would otherwise have expired) and for damages to the premises, the tenant also forfeited her otherwise refundable security deposit because she broke the lease.
Rental agreement says: "All or a portion of such deposit may be retained by Landlord and a refund of any portion of such deposit is conditioned upon Tenant's full and complete performance of the Terms and Conditions of this Rental Agreement and Chapter 59.18 of the Revised Code of Washington as now or hereafter amended."
I say that breaking the lease did not result in forfeiture of the refundable security deposit and the landlord is only entitled to its actual damages.  Who is correct?

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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