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Wash. Court of Appeals published opinion — 726111.pdf

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Wash. Court of Appeals published opinion — 726111.pdf
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Washington (state)
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parents to question the Landlords' sincerity. Although the Tenants may doubt

this sincerity, to defend the unlawful detainer action, the Tenants must prove that

the Landlords did not comply with Seattle's ordinance. They have not raised any

substantial material question of fact about compliance.

The Tenants assert that the information they presented to the trial court at

least raised a question of fact about the Landlords' just cause because the

claimed immediate family member did not intend to move in. However, the

Tenants' reliance on the evidence they presented is misplaced.

With SMC 22.206.160, the city provides tenants added protections not

available to them under Washington law.39 The city has adopted substantive

36 Silya, 94 Wn. App. at 736.
37 Sjjva, 94 Wn. App. at 736.
38 Silya, 94 Wn. App. at 736.
39 Ch. 59.18 RCW, Residential Landlord-Tenant Act of 1973.
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provisions and procedures applicable to the eviction process and safeguards to

ensure landlord compliance.40 The city also has provided remedies for a tenant

who questions the landlord's intent or compliance with Seattle's ordinance.41 The

tenant can demand a certification of the reason for termination. The landlord's

failure to provide the certification provides a defense to an eviction action. The

landlord's failure to carry out the reason stated in the certification provides the

tenant with a claim for damages up to $2,000. We decline the Tenants' request

that we rewrite the ordinance to provide another remedy.

Seattle's ordinance reflects policy decisions made by its legislative body.

The Tenants make policy arguments for an additional remedy that body did not