Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2060448-5-II%20Published%20Opinion.pdf ↗

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the missing rent and late fees. However, the Jorgensens did not make any additional rental

payments for the next 15 months.

In June 2023, the Egberts sent the Jorgensens a proposed repayment plan agreement for

catching up on the overdue rent. In the agreement, the Jorgensens would be required to pay

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No. 60448-5-II

$1,933.33 each month starting August 1 until the overdue rent was paid in full. Our record does

not include a signed copy of this agreement or a confirmation that the parties actually executed it.

In July 2023, the Jorgensens obtained additional rental assistance and paid $17,930 to the

Egberts. Despite the large payment, the Egberts issued the Jorgensens a notice to pay their overdue

rent or vacate the property. The notice stated that even with the Jorgensens’ most recent payment,

they still owed $11,370 in overdue rent. The Jorgensens did not make any additional rental

payments to the Egberts after this July payment and did not vacate the property.

B. THE PROPERTY’S SEPTIC PROBLEMS IN AUGUST 2023 AND THE JORGENSENS’ DEMAND LETTER

In August 2023, the Jorgensens experienced problems with the septic system on the

property. They reported to Mason County Public Health and Human Services that their septic

system had overflowed and had flooded the backyard. The Jorgensens personally paid AAA Septic

LLC to pump the septic system.

The county subsequently issued two notices in August and September 2023, stating that

the septic system violated state and county code. The notices were addressed to the Egberts and

Jackson at a P.O. Box. AAA septic pumped the septic system again in October 2023, and again,

the Jorgensens paid for the service.