[WSBARP] security deposit as liquidated damage

[Teague Pasco]

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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