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

Citation: Wash. Court of Appeals published opinion — 389189_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/389189_pub.pdf ↗

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allegations, such as where the tenant’s purportedly violative conduct is alleged threats,

harassment, or violence directed at specific people. See, e.g., Swords to Plowshares,

294 F. Supp. 2d at 1068 n.1; Tacoma Rescue Mission, 155 Wn. App. at 256-57; Harris v.

Paris Hous. Auth., 632 S.W.3d 167, 173 (Tex. App. 2021). But here, the information

supplied to Ms. Daniels made clear that K&H was relying on the generally unsanitary

condition of her apartment, conduct that could plausibly impair others’ enjoyment even

when discrete victims are difficult to identify. See Tacoma Rescue Mission, 155 Wn. App.

at 257 (faulting landlord for failing to name in notice the individuals who reported

tenant’s excessive noise and threats); see also Midland Mgmt. Co. v. Helgason, 241 Ill.

App. 3d 899, 911, 913, 608 N.E.2d 643 (1993) (notice sufficient where it apprised tenant

they were being evicted for allowing “careless leakage of water”), rev’d on other

grounds, 158 Ill.2d 98, 630 N.E.2d 836 (1994). And the condition of Ms. Daniels’s

apartment had been extensively documented in prior notices, as referenced in the

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

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

December 27 notice. See Martinez v. Hous. Auth., 264 Ga. App. 282, 286-87, 590 S.E.2d

245 (2003) (The notice was sufficiently specific where it cited the tenant’s “‘history of

lease violations and warnings’” and referred to those prior warnings.). K&H’s notice

therefore gave Ms. Daniels a sufficient opportunity to defend against its allegations.

Whether the court should have ordered a trial

The parties debate whether Ms. Daniels was entitled to a trial at the conclusion