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Wash. Court of Appeals published opinion — D2 56232-4-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 56232-4-II Published Opinion.pdf
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Washington (state)
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DIVISION II
WERNER KLEE, a single man, No. 56232-4-II

Respondent,

v.

ERIC SNOW, a single man; and all Occupants, PUBLISHED OPINION

Appellant.

CRUSER, A.C.J. ⎯ Eric Snow was renting a home from Werner Klee. Klee decided to sell

the property and served Snow with a 90-day notice of termination of Snow’s tenancy pursuant to

a recently enacted statute in the Residential Landlord-Tenant Act.1 When Snow did not vacate the

home after 90 days, Klee filed an unlawful detainer action seeking to evict Snow. Snow argued to

the trial court that the statute required Klee to make reasonable attempts to sell or advertise the

property before Snow vacated the home. The trial court disagreed and granted a writ of restitution

to Klee. Snow appeals the court’s order granting a writ of restitution.

We hold that RCW 59.18.650(2)(e) requires an owner to make reasonable attempts to sell

or advertise the residence within 30 days after the tenant has vacated, but not before the tenant

vacates. Accordingly, we affirm the trial court’s order granting a writ of restitution to Klee. In

1
Ch. 59.18 RCW.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 56232-4-II

addition, we award attorney fees on appeal to Klee in an amount to be determined by the court

commissioner.

FACTS

Snow began renting a home in Chehalis, Washington, in July 2019 with his wife and six

children. Klee is both the owner and landlord of the residence.

Klee owns several other properties on the same road in Chehalis. Because Klee is in his

late 90s, he decided to sell most of the property he owns. To that end, Snow was served a 90-day

notice to vacate at the beginning of November 2021, indicating that Klee intended to sell the