Forest Creek Apartments, LLC v. Suegi Finch
CourtCourt of Appeals of Washington
Date FiledOctober 20, 2026
Docket41185-1
StatusUnpublished
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Full Opinion
FILED
OCTOBER 20, 2026
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
FOREST CREEK APARTMENTS, LLC, ) No. 41185-1-III
a Washington limited liability company, )
)
Respondent, )
)
v. ) UNPUBLISHED OPINION
)
SUEGI FINCH, and all other occupants of )
13110 N. Addison St., #B205, Spokane, )
WA, )
)
Appellant. )
LAWRENCE-BERREY, J. — In this unlawful detainer appeal, Suegi Finch restored
her tenancy by slightly overpaying the appropriate amount into the court registry before
the show cause hearing. At the hearing, she sought dismissal of the action. The trial
court ordered the premises restored to her but also entered judgment against her for the
landlord’s reasonable attorney fees, citing the lease’s attorney fee clause.
On appeal, the tenant cites former RCW 59.18.230(2)(c) (2022) and argues that
the lease’s attorney fee clause is unenforceable because the landlord is not entitled to fees
under any provision of chapter 59.18 RCW. Limited by the landlord’s arguments on
appeal, we agree with her and reverse.
No. 41185-1-III
Forest Creek Apartments v. Finch
FACTS
In February 2025, Forest Creek Apartments, LLC filed an unlawful detainer action
against its tenant, Suegi Finch, for failure to pay rent. Forest Creek obtained an order to
show cause why possession should not be restored to it and why judgment should not be
entered against Finch for the amounts requested in its complaint. Before the show cause
hearing, Finch paid into the court registry $6,425 for the rent owed, $350 for court costs,
and $75 for late fees, which totaled $6,850.
At the show cause hearing, Finch asked the court to deny Forest Creek’s request
for relief and dismiss the action because, under RCW 59.18.410(2), her payment restored
her tenancy and Forest Creek was not entitled to possession. Forest Creek opposed
dismissal and argued that a judgment was required to be entered before the tenant’s
restoration of the tenancy under RCW 59.18.410(2). Finch countered that the plain
language of the subsection permitted restoration of the tenancy before entry of judgment.
The trial court concluded that RCW 59.18.410(2) permitted restoration of the
tenancy as early as the show cause hearing—when the tenant is determined to be liable
for unlawful detainer. The court further concluded that it had discretion to award
attorney fees under the lease’s attorney fee clause and also chapter 59.18 RCW. The
court ordered Finch’s tenancy restored, clarified that restoration was not conditioned on
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Finch’s payment of Forest Creek’s reasonable attorney fees, and then entered judgment
for those attorney fees.1
Finch appeals Forest Creek’s judgment for attorney fees.
ANALYSIS
A. A RENTAL AGREEMENT REQUIRING A TENANT TO PAY A LANDLORD’S
ATTORNEY FEES IS UNENFORCEABLE, EXCEPT AS AUTHORIZED BY THE
RLTA2
Finch argues the trial court erred in awarding Forest Creek its attorney fees
because a rental agreement requiring a tenant to pay a landlord’s fee is unenforceable,
except as authorized by the RLTA, and the RLTA does not authorize payment of Forest
Creek’s fees. Forest Creek responds that attorney fees are awardable under its lease
because RCW 4.84.330 makes a fee award mandatory when required by a contract,
while RCW 59.18.290 merely permits an award of fees. Forest Creek seems to argue
that “[h]armonizing” these two statutes permits us to apply RCW 4.84.330 instead of
RCW 59.18.290 when, such as here, the tenant appeared at the show cause hearing and
1
Finch’s $350 deposit for costs was $47.82 more than the costs incurred by Forest
Creek, so the court credited the small overpayment to what it found were Forest Creek’s
reasonable attorney fees.
2
The Residential Landlord-Tenant Act of 1973 (RLTA), chapter 59.18 RCW.
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Forest Creek Apartments v. Finch
she owed more than two months of rent. Br. of Resp’t at 18. We find this argument
difficult to follow, and both factually and legally incorrect.
First, the parties’ lease does not require an award of attorney fees. Under the
lease, an award of fees “may be awarded to the prevailing party.” Clerk’s Papers (CP) at
14 (emphasis added). Second, RCW 4.84.330 does not require courts to award attorney
fees. Rather, it makes a unilateral attorney fee clause in a contract bilateral.
Finch’s argument, however, is easy to follow and is legally correct. Under
former RCW 59.18.230(2)(c),3 “[n]o rental agreement may provide that the tenant . . .
(c) Agrees to pay the landlord’s attorneys’ fees, except as authorized in this chapter.”
Renumbered as RCW 59.18.230(2)(e) (LAWS OF 2025, ch. 206 § 1, eff. July 27, 2025).
The only basis under chapter 59.18 RCW for an award of attorney fees argued by the
parties is RCW 59.18.290(3).4 And under that subsection, attorney fees are only
permitted “[w]here the court has entered a judgment in favor of the landlord restoring
possession of the property to the landlord.” RCW 59.18.290(3). Here, it is uncontested
3
The legislature modified RCW 59.18.230 in 2025. The modifications apply to
all rental agreements entered into or renewed on or after July 27, 2025. Because this
action was filed in February 2025, the former statute applies.
4
Forest Creek also cites RCW 59.18.410(1), which permits a court to “award
reasonable attorneys’ fees as provided in RCW 59.18.290.” (Emphasis added.) And both
parties focus on RCW 59.18.290(3).
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Forest Creek Apartments v. Finch
that the trial court never entered a judgment restoring possession of the property to Forest
Creek.
We conclude that the trial court erred by awarding Forest Creek attorney fees
based on its lease.
B. WE DECLINE TO REACH FOREST CREEK’S PRIMARY ARGUMENT
Forest Creek’s primary argument is that restoration of a tenancy under
RCW 59.18.410(2) is not permitted until after judgment is entered under
RCW 59.18.410(1). Finch argues that Forest Creek did not file a cross appeal, and the
trial court’s conclusion that restoration can occur as early as the show cause hearing is the
law of the case. We first address whether we should consider Forest Creek’s primary
argument.
Law of the case doctrine is discretionarily applied by appellate courts
A respondent who fails to cross-appeal a trial court’s adverse ruling on an issue is
precluded on appeal from arguing that the ruling was incorrect. Tellevik v. 31641 W.
Rutherford St., 120 Wn.2d 68, 89, 838 P.2d 111 (1992); Erakovic v. Dep’t of Lab. &
Indus., 132 Wn. App. 762, 775, 134 P.3d 234 (2006); Sunland Invs., Inc. v. Graham, 54
Wn. App. 361, 364, 773 P.2d 873 (1989). The unappealed ruling becomes the law of the
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case. Eckley v. Bonded Adj. Co., 30 Wn.2d 96, 109, 190 P.2d 718 (1948); Sunland Invs.,
54 Wn. App. at 364.
Here, the trial court ruled that a tenant’s right to reinstate under RCW
59.18.410(2) can be exercised as early as a show cause hearing. Forest Creek failed to
cross-appeal that ruling; therefore, it is the law of the case.
Application of the law of the case doctrine is discretionary with an appellate court.
Bus. Servs. of Am. II, Inc. v. WaferTech, LLC, 188 Wn.2d 846, 852, 403 P.3d 836 (2017).
Here, application of the law of the case is appropriate because the arguments raised by
Forest Creek would be unavailing.
As noted previously, the only way Forest Creek can prevail on the attorney fee
issue is to establish that the trial court should have entered a judgment restoring
possession of the premises to it. See RCW 59.18.290(3). This is not what Forest
Creek is arguing. Instead, Forest Creek is arguing it “was entitled to judgment under
RCW 59.18.410(1).” Br. of Resp’t at 10. We disagree.
RCW 59.18.410(1) discusses what issues must be decided at an unlawful detainer
trial and the scope of relief granted by a court or jury. It does not authorize a broader
attorney fee recovery than RCW 59.18.290(3) and even expressly states a court may
“award reasonable attorneys’ fees as provided in RCW 59.18.290.” RCW 59.18.410(1)
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(emphasis added).5 Because Forest Creek’s argument would have been unavailing, we
apply the law of the case. We reverse and remand to the trial court with instructions for it
to vacate Forest Creek’s attorney fee judgment.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
_________________________________
Lawrence-Berrey, J.
WE CONCUR:
______________________________ _________________________________
Murphy, J. Hill, J.
5
We do not reach the issue of whether RCW 59.18.410(2) can be construed
as requiring a trial court to first enter judgment restoring possession of the property
to the landlord before then reinstating the tenant’s tenancy. Forest Creek does not
make an argument based on RCW 59.18.410(2) but rather bases its argument on
RCW 59.18.410(1). To the extent a sentence or two in its brief suggests the former
argument, it is insufficiently made to warrant review. Smith v. King, 106 Wn.2d 443,
451-52, 722 P.2d 796 (1986).
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