Wash. Court of Appeals published opinion — 709569.pdf

SHAWN CORBETT AND SHAKIA
MORGAN, ) PUBLISHED OPINION

Respondent. ) FILED: May 26,2015

Spearman, C.J. — Landlord Lang Pham brought this unlawful detainer action

against tenants Shakia Morgan and Shawn Corbett (Tenants). The Tenants

counterclaimed for relocation assistance under RCW 59.18.085 and raised defenses of

setoff and breach of implied warranty of habitability. The trial court found that Pham had

breached the implied warranty and awarded damages and relocation assistance to the

Tenants. Pham appeals, disputing the trial court's findings of fact, the Tenants'

entitlement to damages, and their right to bring counterclaims in an unlawful detainer

action. Finding no error, we affirm the decision of the trial court.

FACTS

Lang Pham purchased the residential property located at 9312 51st Avenue

South, Seattle, Washington (Property) at a foreclosure sale in March 2012. Pham owns

and rents other apartment buildings. The Property was metered for five living units, so

Pham had assumed it met regulatory requirements for use as a five-plex. But the
             
No. 70956-9-1/2

Property was permitted for use as a triplex only. Renting the building as a five-plex

violated city land use and building codes. Pham repainted, installed new carpet, and

refinished the floors, but did not verify the building's permit status before renting the five

units. The permit information could easily have been accessed through the King County

Assessor and the website of the City of Seattle, Department of Planning and

Development (City).

On April 25, 2012, Pham and Shawn Corbett and Shakia Morgan entered into a

one-year lease agreement for Unit 5 (Unit) of the Property, for May 1, 2012 through