Wash. Court of Appeals published opinion — 389189_pub.pdf

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and in proximity to heating fixtures and on the stovetop.

Two of K&H’s notices were issued on November 3, 2021. 1 One was entitled,

“Ten (10) Day Notice to Comply or Vacate.” Id. at 116. The other was entitled, “Notice

1
One of the November 3 notices expressly “supersede[d] any previous notice.”
CP at 131.

3
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38918-9-III
Kiemle & Hagood Co. v. Daniels

to Cure Lease Non-Compliance.” Id. at 127. The former notice stated Ms. Daniels had

10 days to comply or her rental agreement would end; the latter stated she had 10 days

to cure or the landlord could enter the apartment and perform remedial work at cost to

Ms. Daniels.

The seventh and final notice was issued on December 27, 2021. See id. at 134.

This one was entitled, “Notice to Quit and Vacate Due to Nuisance, Waste, and/or

Unlawful Activity.” Id. This notice stated Ms. Daniels had until January 2, 2022, to

vacate her apartment. The notice was longer than the previous notices and referenced the

prior notices to cure. The December 27 notice also advised that on November 29, 2021,

the landlord had conducted an inspection of Ms. Daniels’s apartment and found it had still

not been cleaned. The December 27 notice stated if Ms. Daniels did not vacate the

premises by January 2, she would be deemed in unlawful detainer and K&H would

initiate legal action. The December 27 notice also advised Ms. Daniels of her right to

legal representation.

K&H files suit

Ms. Daniels did not vacate her unit and on January 10, 2022, K&H initiated an

unlawful detainer action. K&H’s complaint alleged two independent causes for eviction.

First, that Ms. Daniels was in “‘substantial breach’” of her tenant obligations. Id. at 13