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

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K&H was entitled to “third party verification” of Ms. Daniels’s disability and need for

accommodation and that Ms. Daniels’s requested accommodation was “not reasonable

in light of [her] past conduct.” CP at 215, 218.

The court issued an order and judgment granting issuance of a writ of restitution,

restoring K&H to possession of the premises, and a final judgment. See id. at 219-27.

Ms. Daniels moved for reconsideration, reiterating her argument that summary resolution

of K&H’s suit was improper because genuine issues of material fact remained.

Reconsideration was denied and Ms. Daniels filed a timely appeal.

THE UNLAWFUL DETAINER PROCESS

An unlawful detainer action is a statutory proceeding that provides an expedited

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

method of resolving the right to possession of leased property and related issues such as

restitution and rent. 4105 1st Ave. S. Invs., LLC v. Green Depot Wash. Pac. Coast, LLC,

179 Wn. App. 777, 785, 321 P.3d 254 (2014). Washington’s unlawful detainer process is

set forth in chapter 59.12 RCW and the Residential Landlord-Tenant Act of 1973

(RLTA), chapter 59.18 RCW. Residential tenancies are governed by the RLTA.

However, the procedures set forth in chapter 59.12 RCW, the generalized unlawful

detainer statute, continue to apply unless supplanted by the RLTA. Randy Reynolds &

Assocs., Inc. v. Harmon, 193 Wn.2d 143, 156, 437 P.3d 677 (2019). Because chapter

59.12 RCW and the RTLA “are statutes in derogation of the common law,” they are

“strictly construed in favor of the tenant.” Id.

Before initiating an unlawful detainer action, a residential landlord must first