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Wash. Court of Appeals published opinion — 829769.pdf

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Wash. Court of Appeals published opinion — 829769.pdf
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Washington (state)
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Home, 185 Wn.2d 532, 547, 374 P.3d 121 (2016). Additionally, the issue here—the

interpretation and application of the Residential Landlord-Tenant Act (RLTA), chapter

59.18 RCW—is a question of law reviewed de novo. Silver v. Rudeen Mgmt. Co., Inc.,

197 Wn.2d 535, 542, 484 P.3d 1251 (2021).

When interpreting statutes, the court’s objective “is to ascertain and carry out the

Legislature’s intent.” Id. “The RLTA specifies numerous duties, rights, and remedies for

landlords and tenants engaged in residential lease agreements.” Id. at 543. The RLTA

creates remedies for tenants to protect their interests from the landlord’s “upper hand,”

especially during times of housing shortages. Id. at 548 (quoting Thomas Bothwell,

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 82976-9-I/7

Comment, Washington Tenant Remedies and the Consumer Protection Act, 10 GONZ. L.

REV. 559, 559 (1975)). As such, the RLTA is a remedial statute that must be construed

liberally to accomplish the purpose for which it was enacted. Silver, 197 Wn.2d at 548.

As a statute in derogation of the common law, the RLTA is “ ‘strictly construed in favor

of the tenant.’ ” Randy Reynolds & Assocs. v. Harmon, 193 Wn.2d 143, 156, 437 P.3d

677 (2019) (quoting Silver, 197 Wn.2d at 548).

Among the most frequent landlord-tenant disputes are complaints of wrongful

retention of damage and security deposits. Silver, 197 Wn.2d at 544. To this end,

security deposits were subject to “new and significant regulation” when the RLTA was

enacted. Id. at 544-45. For example, when a security deposit is required, the lease must

specify, in writing, the terms and conditions under which the deposit may be withheld.