Wash. Supreme Court published opinion — 929785.pdf

Citation: Wash. Supreme Court published opinion — 929785.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/929785.pdf ↗

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, eta!. v. Brown, et al., 92978-5

it shall be a defense to the action that there was no just cause for such eviction or

termination as provided in this Section 22.206.160."6

SMC 22.206.160(C)(6) makes it a violation of the JCEO for a landlord to seek

to evict a tenant on one of the stated grounds for just cause "without fulfilling or

carrying out the stated reason for or condition justifying the termination of such

tenancy." The JCEO provides tenants with "a private right for action for damages

up to $2,000, costs of suit, or arbitration and reasonable attorney's fees" for any such

violation. !d. at (C)(7).

We must determine whether the landlord's certification of intent is dispositive

on the issue of just cause in an unlawful detainer proceeding, thus leaving the tenant

with only the posteviction remedies the JCEO provides. 7 We believe the JCEO