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Wash. Court of Appeals published opinion — 744348.pdf

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Wash. Court of Appeals published opinion — 744348.pdf
Jurisdiction
Washington (state)
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R. THORESON HOMES, LLC, a N.)
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Washington Limited Liability Company, -u in
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No. 74434-8-1 >
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Respondent, rn
DIVISION ONE C.4D
CD
V.

NATE PRUDHON, PUBLISHED OPINION

Appellant. FILED: December 12, 2016

SPEARMAN, J. — In Seattle, a landlord may only evict a tenant if he or she

has "just cause" as provided in the Just Cause Eviction Ordinance (JCEO).

Seattle Municipal Code (SMC) § 22.206.160. Under the ordinance, "just cause"

exists if the landlord "elects to sell" a rental property as that term is defined in the

ordinance. Here, the landlord, relying on the "elects to sell" provision, gave the

tenant notice of just cause for eviction after she had already sold the home. The

issue is whether the landlord may properly invoke the "elects to sell" provision

when the rental property was already sold with the tenant in place. We conclude

the "elects to sell" just cause provision applies only to the prospective sale of a

rental property. Because there was no just cause for eviction in this case, the trial

court's order granting unlawful detainer was in error. We reverse.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 74434-8-1/2

FACTS

Nate Prudhon leased a single-family home in Seattle from Denise and

Robert Burnside (Burnsides). After a one year lease expired at the end of June

2012, the tenancy reverted to month-to-month. Prudhon continued to reside at

the house. On or about April 2, 2015, the Burnsides entered into a purchase and

sale agreement with Blueprint Capital Services, LLC, who assigned the

agreement to R. Thoreson Homes, LLC. As part of the purchase and sale

agreement, the Burnsides agreed to issue a notice terminating Prudhon's