for this appeal if he ultimately prevails in the trial court. Faciszewski v. Brown, 187
Wn.2d 308, 324, 386 P.3d 711 (2016). In this case, the trial court is in the best
position to make a determination of who is the prevailing party and the amount of
reasonable attorney fees and expenses that should be awarded for the work at the
trial court and on the appeal. Therefore, the determination of the attorney fees and
expenses to be awarded is remanded to the trial court. RAP 18.1(i). We remand to
the superior court for further proceedings consistent with this opinion.
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Silver v. Rudeen Mgmt. Co.
No. 98024-1
III. CONCLUSION
A tenant’s security deposit is the personal property of the tenant unless and
until they breach their duties under the RLTA. When a landlord fails to return the
deposit along with a full and specific statement for retaining any portion of the
deposit within the time frame required by the RLTA, the tenant may file an action
under RCW 59.18.280 to recover their deposit. Such an action is an action for the
specific recovery of personal property, and it is thus governed by the three-year
statute of limitations under RCW 4.16.080(2). Silver’s complaint was, therefore,
timely. Accordingly, we reverse and remand to the superior court.
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WE CONCUR:
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