[WSBARP] security deposit as liquidated damage
Kary Krismer
Krismer at comcast.net
Thu Sep 23 15:30:02 PDT 2021
Just looking at the statute it's very poorly worded, but seemingly it
allows things like a non-refundable carpet cleaning fee. So it's
really allowing an agreed to fee which can be included as part of the
deposit.
Kary L. Krismer
206 723-2148
On 9/23/2021 12:42 PM, Teague Pasco 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 <tel: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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