[WSBARP] security deposit as liquidated damage

[Kaitlyn Jackson]

I think you can simply have a lease break clause that indicates one of the
reasons for keeping the deposit is for lease break.

On Thu, Sep 23, 2021 at 12:45 PM Teague Pasco <pasco at pasco-law.com> wrote:

> 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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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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