COLUMBIA DEBT RECOVERY,
Respondent.
CHUNG, J. — Yemeserach Gebreseralse abandoned her lease. The lease
included a provision forfeiting the security deposit under certain circumstances,
including if the tenant abandons the lease and fails to give proper notice of termination.
The landlord assigned the outstanding balance, consisting largely of unpaid rent, to
Columbia Debt Recovery (CDR), who then sued Gebreseralse to collect. Gebreseralse
conceded that she owed $4750 but argued that the $1400 security deposit should be
applied to the debt. The district court agreed and entered a reduced judgment in favor of
CDR, crediting the security deposit. CDR appealed to the superior court, which reversed
and entered judgment for the full amount. On discretionary review, we agree with
Gebreseralse. A landlord may not seek remedies under both the Residential Landlord-
Tenant Act (RLTA), chapter 59.18 RCW, and retain a security deposit to cover damages
for the same breach. We reverse the superior court and remand to the district court to
reinstate its order and calculate the final judgment.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 82976-9-I/2
FACTS
Gebreseralse is a single mother originally from Eritrea. In April 2017, she rented
a unit in the Sunset Square Townhomes in Renton, Washington. She signed a one-year
lease agreement for $1,400 month and paid a $1,400 security deposit. The lease
agreement contained a provision governing return of the security deposit, which
specified that the landlord could retain the deposit if the tenant terminated without
proper notice: