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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Despite the notice, the Jorgensens continued to occupy the property. In April 2024, the

Egberts served the Jorgensens with a complaint and summons for unlawful detainer based on the

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On December 28, the Egberts also served the Jorgensens a 30-day notice to vacate due to their
overdue rental payments. Because, as shown below, the superior court based its decision solely
on the 90-day notice, this notice is not part of this appeal.

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

No. 60448-5-II

Jorgensens failure to comply with the eviction notice. The Egberts promptly moved for a show

cause hearing.

III. THE JORGENSENS’ RETALIATION CLAIM

In their answer, the Jorgensens raised a retaliation defense. The Jorgensens argued that the

Egberts’ claimed basis for terminating their lease, that Scott intended to move into the Tralee

property after his release from WSH, “was issued as pretext to retaliate against [the Jorgensens’]

lawful demands to repair the septic system that was a public health hazard and nuisance.” CP at

75.

The Jorgensens contended that Scott owned six other properties in Shelton, and thus he had

no good faith intention or reason to reside at the Tralee property. The Jorgensens also asserted

that in a September 2023 mental health evaluation from WSH, Scott had represented that following

his release from WSH, he intended to return to a different property, specifically his previous home

in Shelton where he had been living prior to his incarceration.

A. DECLARATION FROM HAILEY JORGENSEN

Hailey Jorgensen submitted two declarations in support of the retaliation claim. Hailey

admitted that in December 2021, she and her husband had fallen behind on their rent. She stated