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Wash. Court of Appeals published opinion — 392716_ord.pdf

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Wash. Court of Appeals published opinion — 392716_ord.pdf
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Washington (state)
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concerns this appeal, RCW 59.18.625 regulates provisions related to late fees and other

charges over interest rate provisions of RCW 19.52.010.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 39271-6-III
Heston v. Christensen

Further, Mr. Christensen’s reliance on Rental Housing Ass’n is misplaced. In

Rental Housing Ass’n, we concluded that RCW 19.52.010 entitles a party to

“prejudgment interest on any liquidated claim to compensate them for loss of use on

money wrongfully withheld by another party.” 22 Wn. App. 2d at 444 (emphasis added).

Here, Mr. Christensen engaged in source of income discrimination by rejecting payment

through a rental assistance program on behalf of Ms. Heston. Ms. Heston did not

wrongfully withhold money from Mr. Christensen for purposes of RCW 19.52.010.

Rather, Mr. Christensen wrongfully rejected payment made on behalf of Ms. Heston.

COUNT 10 – SECURITY DEPOSIT

Mr. Christensen asserts the trial court erred in concluding his refusal to return Ms.

Heston’s security deposit constituted a violation of former RCW 59.18.280(1) (2016).

Mr. Christensen claims that, under former RCW 59.18.280(2) (2016), circumstances

beyond his control prevented him from timely mailing documents related to the retention

of Ms. Heston’s security deposit.

Under former RCW 59.18.280(1), a landlord was allowed 21 days from the

termination of the lease agreement to provide their tenant a full and specific statement

explaining the basis for retaining a deposit. Unless the landlord can show circumstances

outside their control, should they fail to provide a tenant with the required documentation

13
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 39271-6-III
Heston v. Christensen