Barrett v. Monro

Citations

• 69 Wash. 229
• 124 P. 369
• 1912 Wash. LEXIS 879

Syllabus

<p>Landlord and Tenant—Rent—Deposit as Liquidated Damages. A stipulation in a lease that a deposit of $1,200 made at the beginning of the term shall be held by the lessors to indemnify them against any loss or damage which they may sustain by reason of any violation of the terms of the lease on the part of the lessees, as liquidated damages, is one for liquidated damages and not merely for security, and entitles the lessor to retain the whole deposit, upon termination of the lease for nonpayment of rent; the actual damages from default being incapable of exact determination.</p> <p>Damages — Liquidated Damages — Reasonableness —Landlord and Tenant. Liquidated damages in the sum of $1,200, for the lessees’ breach of a lease is not unreasonable where the total rent for the five-year term amounted to $36,000.</p> <p>Landlord and Tenant—Rent—Liquidated Damages—Waiver. The retaking of possession for default in the payment of rent does not waive the lessor’s right to the liquidated damages stipulated for in the lease.</p>