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Wash. Court of Appeals published opinion — D2 58183-3-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 58183-3-II Published Opinion.pdf
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Washington (state)
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DIVISION II
PRINCETON PROPERTY MANAGEMENT,
INC., a Foreign Profit Corporation as No. 58183-3-II
Managing Agent for Evergreen Village
Apartments,

Respondent,

v. PUBLISHED OPINION

KATHLEEN ALLEN, AARON ALLEN, and
All Others,

Appellants.

PRICE, J. — This case is about whether a settlement agreement relating to a residential

eviction violates the new antiwaiver provision of the Residential Landlord-Tenant Act of 1973

(RLTA), chapter 59.18 RCW.

Princeton Property Management, Inc. (Princeton) rented an apartment to tenants Kathleen

Allen and Aaron Allen (the Allens).1 Due to the alleged condition of the apartment, Princeton

issued the Allens a three-day notice to quit for waste or nuisance. After Princeton filed an unlawful

detainer complaint, the parties entered into a CR 2A settlement agreement to resolve the case.

Among its provisions, the agreement required the Allens to tender past due rent at a specific date

and time. The Allens missed the payment deadline. As a result, Princeton moved for an immediate

1
On May 20, 2024, the court received a notice under RAP 3.2 that Kathleen Allen passed away
shortly after oral argument in this case.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 58183-3-II

writ of restitution as permitted by the agreement. After several hearings, the superior court issued

a writ of restitution. Soon thereafter, the Allens were removed from the apartment.

A new provision of RLTA, RCW 59.18.230(1)(b), generally states that any agreement

entered into pursuant to an unlawful detainer action is void and unenforceable if it waives any

rights of the tenant under RCW 59.18.410 or any other rights afforded under chapter 59.18 RCW.