[WSBARP] security deposit as liquidated damage

[Kary Krismer]

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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