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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tucker v. Hayford, 75 P.3d 980 (2003)

Citation
Tucker v. Hayford, 75 P.3d 980 (2003)
Parent Document
Tucker v. Hayford, 75 P.3d 980 (2003)
Jurisdiction
Washington (state)
Effective Date
2003-09-04

Other Sections in This Document (56)

Full Text

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A "should have known" standard is enough since we have eased the strict requirement of actual knowledge. It is sufficient that the landlord knew or should have been able to identify a defect unknown to the tenant at the time of the initial tenancy. Taylor v. Stimson, 52 Wash.2d 278, 280-81, 324 P.2d 1070 (1958); see also Johnson v. Dye, 131 Wash. 637, 230 P. 625 (1924) (basing liability on constructive knowledge where landlord would have discovered the defect if he had made the repairs he was supposed to make near the defect). Implied Warranty of Habitability.