[WSBARP] security deposit as liquidated damage

[Kary Krismer]

I would think that would require you jump through the common law hoops, 
absent a statutory exception as exists for real estate purchase and sale 
agreements 5% of purchase price, or less.  I really doubt there is such 
an exception, and jumping through the common law hoops would probably be 
difficult/impossible.

There may also be local ordinances against it.  I remember some 30+ 
years ago Seattle prohibited loss of deposit for not staying X months in 
a month to month (6 or 12, I don't remember).  So most landlords 
switched to leases.

A tenant's loss of deposit is not something that is favored.

Kary L. Krismer
206 723-2148

On 9/23/2021 11:06 AM, Joseph McIntosh wrote:
>
> 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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