[WSBARP] security deposit as liquidated damage
Teague Pasco
pasco at pasco-law.com
Thu Sep 23 12:42:26 PDT 2021
Hi, I've been volunteering with Tacoma Pro Bono doing eviction related
clinics, so I happen to know the answer to this. Deposits are
refundable. Non-refundable fees are possible but they have to be clearly
identified in the lease. RCW 59.18.285
Teague Pasco
pasco at pasco-law.com
Mobile: 360-643-3990
On Thu, Sep 23, 2021 at 11:14 AM Joseph McIntosh <
jmcintosh at mccarthyholthus.com> 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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