[WSBARP] security deposit as liquidated damage
Joseph McIntosh
jmcintosh at McCarthyHolthus.com
Thu Sep 23 11:06:03 PDT 2021
Question for the LL attorneys. Can a residential lease include a term saying the damage deposit is forfeited if there is payment breach, even if the LL immediately re-rents and doesn't actually suffer a loss? Akin to a liquidated damage clause, I suppose. The Act appears to be silent on this issue, but the damage deposit provisions contemplate covering actual damages. Thanks.
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