[WSBARP] Forfeiture of security deposit?

NC seaseanc at gmail.com
Thu Jun 29 14:17:05 PDT 2017


On Thursday, June 29, 2017, Jon Fritzler <FritzlerLaw at outlook.com> wrote:
> 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
>
>
>
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