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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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visiting the property to conduct an inspection. Clerk’s Papers at 30.

Following the show cause hearing, the trial court granted a writ of restitution to Klee “based

on the court’s finding that the Plaintiff named in the eviction order has provided a 90 Day Notice

to Vacate and Written Notice to Sell property.” Id. at 32 (emphasis omitted). The writ was issued

the same day, restoring possession of the property to Klee.

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

DISCUSSION

I. LEGAL PRINCIPLES

Snow argues that the trial court erred by granting a writ of restitution because the relevant

statute required Klee to make reasonable attempts to sell the property prior to initiating eviction

proceedings. Klee argues that he complied with the statute because it only requires an owner to

make reasonable attempts to sell the property after the tenant has vacated the premises pursuant to

a 90-day notice of termination of the tenancy. We agree with Klee.

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No. 56232-4-II

A. EVICTION FOR CAUSE

The Washington State Legislature enacted RCW 59.18.650 in 2021. See LAWS OF 2021,

ch. 212, § 2. “Under the statute, generally, landlords are not permitted to evict a tenant, refuse to

continue a tenancy, or end a periodic tenancy without cause.” Brewer v. Hill, __ Wn. App. __, 525

P.3d 987, 993 (2023); RCW 59.18.650(1)(b).

Relevant here, the statute indicates that a landlord has cause to evict a tenant when “[t]he

tenant continues in possession after the owner elects to sell a single-family residence and the

landlord has provided at least 90 days’ advance written notice of the date the tenant’s possession

is to end.” RCW 59.18.650(2)(e).