Lian v. Stalick, 106 Wash. App. 811 (2001)

Citation: Lian v. Stalick, 106 Wash. App. 811 (2001)
Parent Document: Lian v. Stalick, 106 Wash. App. 811 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-06-19
Original Source: https://www.courtlistener.com/opinion/4931615/lian-v-stalick/ ↗

Full Text

747 chars

Mr. Stalick, relying on Klos v. Gockel, 87 Wn.2d 567, 554 P.2d 1349 (1976), argues the RLTA warranty of habitability applies solely to defects rendering the dwelling uninhabitable. In Klos, a case involving new construction, the court reversed a judgment for violating the implied warranty of habitability on the basis that the owner-builder was not engaged in a commercial activity. Id. at 571. In dictum, the Klos court noted “that the house was habitable at all times.” Id. But the Klos dictum does not constitute a rule that the aggrieved occupant must abandon the residence before invoking the implied warranty of liability. Luxon v. Caviezel, 42 Wn. App. 261, 266 n.4, 710 P.2d 809 (1985). Accordingly, we reject Mr. Stalick’s proposed rule.

Other Sections in This Document (99)

Full Text