correct a breach before forfeiture of a lease under the accelerated restitution
provisions of RCW 59.12.'"17 Service by mail adds an additional day to the notice
requirement; therefore, when a landlord serves by mail, a tenant is not guilty of
unlawful detainer until four days after service.18
The lease required that "any notice required to be given" to Feigenbaum
be sent to the premises. In case of default, the lease provided for 20 days' notice
before the start of any legal action. On November 5, 2010, Hall served
Feigenbaum with the 3-day notice to pay or vacate pursuant to RCW
59.12.040(3), affixing and then mailing a copy of the notice to the premises. Hall
filed the eviction summons and complaint on December 1, 2010: over 20 days
after posting and mailing the notice to pay rent or vacate.
Hall knew the nightclub was no longer operating, but Feigenbaum did not
change his address for lease notice purposes, as required by the lease. The
repeated use of the word "or" in RCW 59.12.040 implies that (1), (2), and (3) are
equal alternatives for notice under chapter 59.12 RCW, with alternative (3) a
17 Christensen, 162 Wn.2d at 371 (quoting Terry. 114 Wn.2d at 569).
18 RCW 59.12.040; Christensen, 162 Wn.2d at 371.
No. 68727-1-1 (consol. with
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logical choice when a plaintiff does not know a defendant's home address.19
Feigenbaum argues that Hall knew his home address and so did not comply with
RCW 59.12.040. However, Feigenbaum offers no evidence to support this
assertion and does not assert that he provided Hall with a written notice of a
changed address for receiving written notices, pursuant to the lease. At best,