In the alternative, a tenant may institute a civil action against the landlord. Upon
a finding that a landlord engaged in billing practices that violate this chapter,
the court shall award actual damages (including but not limited to refund of any overpayment
or other fees or charges resulting from such violation, and costs of pursuing the
claim) and a penalty of one hundred dollars, and may permit the tenant to terminate
the rental agreement by written notice in accordance with RCW 59.18.090. If the court
determines that the landlord engaged in prohibited billing practices in deliberate
violation of this chapter, the penalty mentioned in the preceding sentence shall be
two hundred dollars, and the court shall also award attorneys' fees to the tenant.
3.
No late fees or interest charges shall accrue on any disputed portions of a bill while
the amount is being resolved by the Hearing Examiner or court, and no collection activity
or unlawful detainer action alleging default in the payment of rent related to the
disputed portions of a bill may be instituted against a tenant that has filed a complaint
with the Hearing Examiner or instituted a civil action in accordance with this chapter
while the amount is being resolved by the Hearing Examiner or court. If the Hearing
Examiner or court resolves the dispute and finds that a tenant that has not acted
in good faith in asserting a billing dispute, the Hearing Examiner or court may order
the tenant to pay late fees and/or interest charges on some or all of the disputed
portions of the bill.
4.
A landlord shall not pass on, charge, or otherwise allocate to tenants, in any manner
whatsoever, any damages, fine or penalty (including attorneys' fees) that the landlord
is ordered to pay under this chapter.
C.