1717 AMH CODY ADAM 59

HB 1717 - H AMD 0114 ADOPTED 3-13-03

By Representative Cody

On page 2, after line 24, insert the following:

"(4) If a landlord fails to comply with the requirements of this section, and the failure was not caused by the tenant, the tenant may terminate the rental agreement by written notice under RCW 59.18.090. In addition, a landlord who fails to comply with this section shall be liable to the tenant in a civil action for actual damages, attorneys' fees, and a penalty of one hundred dollars. If the court determines that the landlord deliberately failed to comply with the requirements of this section, the court shall impose a penalty of two hundred dollars."

EFFECT: Provides two remedies for a tenant if a landlord fails to comply with the act: (a) Allows the tenant to terminate the rental agreement upon written notice and an opportunity for the landlord to comply within a reasonable time; and (b) allows the tenant to bring a civil action for actual damages, attorneys' fees and a $100 penalty, or a $200 penalty if the landlord's noncompliance was deliberate.