deposit within the time period specified by RCW 59.18.280(1).
2
The trial court dismissed the case before Silver moved to certify the class, and there are
no issues regarding the putative class before this court.
3
RCW 59.18.280 was amended in 2016 to extend this time period from 14 to 21 days after
the tenant vacates the premises. LAWS OF 2016, ch. 66, § 4. Silver’s individual action accrued in
2015, so his claim is governed by former RCW 59.18.280 (2010) (14 days). See infra note 4.
However, the 2016 amendment did not substantively alter the statute aside from extending this
time period, and the issue of the statute of limitations remains the same under either version of the
statute. Therefore, we simply refer to RCW 59.18.280 without specifying the effective year of the
statute.
4
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Silver v. Rudeen Mgmt. Co.
No. 98024-1
Silver sought to recover tenants’ deposits, pursuant to RCW 59.18.280(2),
based on Rudeen’s alleged willful and wrongful withholding of their deposits after
the termination of their tenancies. He requested refunds of each class member’s
deposit. RCW 59.18.280(2). He also requested declaratory relief—holding that
Rudeen’s actions were willful—and two times the amount of the deposits Rudeen
wrongfully retained and reasonable attorney fees and costs. Id.; RCW 59.18.270.
Rudeen filed a CR 12(c) motion to dismiss the complaint, arguing that the
two-year catchall statute of limitations, RCW 4.16.130, should apply and that the
limitations period had expired because Silver filed the complaint more than two
years after the cause of action had accrued.4 The trial court granted Rudeen’s motion
and dismissed the case with prejudice. It also awarded Rudeen costs and attorney