Pham v. Corbett, 187 Wash. App. 816 (2015)

Citation: Pham v. Corbett, 187 Wash. App. 816 (2015)
Parent Document: Pham v. Corbett, 187 Wash. App. 816 (2015)
Jurisdiction: Washington (state)
Effective Date: 2015-05-26
Original Source: https://www.courtlistener.com/opinion/4956711/pham-v-corbett/ ↗

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¶21 In a residential unlawful detainer action, a tenant may raise a defense based on a landlord’s breach of the implied warranty of habitability. Foisy, 83 Wn.2d at 32. *829For a breach of this warranty, the trier of fact must find “(1) [w]hether the evidence indicates that the premises were totally or partially uninhabitable during the period of habitation and, if so, (2) what portion, if any or all, of the defendant’s obligation to pay rent is relieved by the landlord’s total or partial breach of his implied warranty of habitability.” Id. at 34. A warranty’s applicability is a mixed question of law and fact. Burbo v. Harley C. Douglass, Inc., 125 Wn. App. 684, 694, 106 P.3d 258 (2005). Conditions that “present a substantial risk of future danger” will give rise to a claim for breach of warranty of habitability. Westlake View Condo. Ass’n v. Sixth Ave. View Partners, LLC, 146 Wn. App. 760, 771, 193 P.3d 161 (2008).

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