was no discussion of nonrefundable security deposit provisions. The lease provided that
the tenant was liable for liquidated damages equivalent to one month of rent if the
tenant breached any term of the lease. Id. at 25. The landlord had kept the security
deposit based on failure to properly clean the premises. Id. at 26.
4
Liquidated damages clauses in contracts are sums of money agreed upon in advance
as a reasonable forecast of just compensation for the harm caused by breach. Minnick v.
Clearwire U.S. LLC, 174 Wn.2d 443, 449, 275 P.3d 1127 (2012). While the RLTA does not
specifically prohibit liquidated damages, a landlord cannot pursue lost rent and damages for
abandonment of a lease under RCW 58.19.310(1), in addition to liquidated damages for the same
losses.
10
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No. 82976-9-I/11
The RLTA already provides specific remedies for abandonment of the lease.
Judge Laurel Gibson of the King County District Court properly determined that the
forfeiture of the security deposit was not authorized where the landlord also sought
damages under RCW 59.18.310(1)(b). Therefore, we reverse the superior court.
III. Attorney Fees
CDR and Gebreseralse also both request fees under the terms of the lease. If
applicable law allows a party to recover attorney fees in a court of limited jurisdiction, a
party may recover on appeal to the superior court. RALJ 11.2(b); Unifund, CCR, LLC v.
Elyse, 195 Wn. App. 110, 119, 382 P.3d 1090 (2016). We may award fees on appeal
under the same circumstances. RAP 18.1(a); Unifund, 196 Wn. App. at 119.
Here, the lease provides: “In the event any action, suit or proceeding is instituted