[WSBARP] security deposit as liquidated damage
Kary Krismer
Krismer at comcast.net
Thu Sep 23 11:18:28 PDT 2021
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.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210923/38d3a0e9/attachment.html>
More information about the WSBARP
mailing list