month the $65 late fee was assessed, he testified Ms. Heston owed a total of $660 based
on $595 in rent and a $65 late fee. Mr. Christensen’s July 12, 2021, letter makes clear the
late fee was assessed for rent due in July 2021. This was during the period protected
9
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No. 39271-6-III
Heston v. Christensen
under RCW 59.18.625. Consequently, Mr. Christensen violated RCW 59.18.625(1) as
alleged in count 2.
In counts 3 through 8 of her second amended complaint, Ms. Heston alleged that
Mr. Christensen charged “[t]railing interest” on unpaid rent that was due during the
eviction moratorium. CP at 100. On December 22, 2021, Mr. Christensen notified Ms.
Heston that he was assessing trailing interest as follows: $15.00 (July 2021), $15.00
(August 2021), $17.85 (September 2021), $23.80 (October 2021), $29.75 (November
2021), and a trailing interest charge of $29.75 from July-November 2021. 1 Mr.
Christensen claims the trial court erroneously concluded the bill contained eight
violations rather than one.
Ms. Heston’s final bill contained six separate entries for interest owed between the
months of July through November 2021. The separate demarcations align with Mr.
Christensen’s deposition testimony, wherein he agreed that each month listed in the
trailing interest section of the final bill was intended to be a separate charge for the
previous month’s unpaid rent. The imposition of six separate trailing interest charges
constituted six separate violations of the provisions of RCW 59.18.625(1) as it occurred