statute of limitations under RCW 4.16.080(2). Therefore, the tenant’s complaint was
timely, and the trial court erred in dismissing it. We reverse.
I. FACTS AND PROCEDURAL HISTORY 1
In 2012, Thomas Silver entered into a residential lease agreement with
Rudeen Management Company to rent an apartment in Spokane. Under the terms of
the lease, Silver paid a monthly rent of $810 and a nonrefundable fee of $100 for
carpet cleaning and drip pan replacement at the commencement of the tenancy. He
1
The facts are those alleged in the complaint. Becker v. Cmty. Health Sys., Inc., 184 Wn.2d
252, 257, 359 P.3d 746 (2015) (when reviewing a motion to dismiss, we accept facts alleged in
the complaint as true).
2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Silver v. Rudeen Mgmt. Co.
No. 98024-1
also paid a refundable $300 “Damage/Cleaning/Security Deposit.” Clerk’s Papers
(CP) at 5. Silver rented the apartment for the next three years. Silver provided proper
notice of his intent to terminate his tenancy on June 30, 2015, and he moved out on
or about that date.
After Silver moved out, Rudeen sent him two documents relating to his
deposit and alleged excessive wear and tear to the apartment. The first document,
dated June 30, 2015 (the same date as the termination of the tenancy), was labeled a
“‘preliminary’” “‘Deposit Disposition’” and claimed that Silver owed $3,000.00 for
excessive wear and tear to the premises. Id. The second document, dated August 18,
2015 (seven weeks later), was labeled a “‘final’” “‘Deposit Disposition’” and
claimed that Silver owed a revised balance of $2,281.35 due after applying his
$300.00 deposit. Id. at 5-6. This final deposit statement included invoices for