[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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