telephoned DavisPro after it did its work and either asked DavisPro for its total charges or
for it to promptly send its invoices. Madison did neither. Rather, Madison disregarded
Ms. Goodeill's statutory right and passively waited 20 days for DavisPro's last invoice.
Simply put, Madison's evidence falls woefully short of showing that circumstances
beyond its control prevented it from timely providing Ms. Goodeill the statutory notice.
We, therefore, conclude that Madison may not avail itself of the statutory exception.
2. Monetary compensation
Ms. Goodeill requests reasonable attorney fees, costs, and other relief.
RCW 59.18.280 provides, in relevant part: "In any action brought by the tenant to
recover the deposit, the prevailing party shall additionally be entitled to the cost
of suit or arbitration including a reasonable attorney's fee." Subject to Ms. Goodeill's
compliance with RAP 18.1 (d), she is entitled to have a commissioner of this court
16
No. 32442-7-111
Goodeill v. Madison Real Estate
determine reasonable attorney fees and costs on appeal. We remand for the superior court
to award Ms. Goodeill reasonable attorney fees and costs incurred at that level, to award
Ms. Goodeill her $800.00 deposit together with statutory interest from 14 days after
September 3, 2013, plus up to an additional $800.00 pursuant to RCW 59.18.280.
Reverse and remand.
Lawrence-Berrey, J.
WE CONCUR:
:1.
Fearin~\
J
17