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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¶44 Pham also argues that the tenants had not proved any diminution in value for the alleged defects in the premises. According to him, the trial court’s conclusion that the premises were 25 percent uninhabitable was not supported by evidence and, even if it were, the Tenants are still required to tender rent for the diminished value. We disagree. First, the Tenants have already paid full rent for the entire lease term, and rent for May 2013 was prepaid. The trial court also required the Tenants to tender rent for June and July 2013 and calculated that amount into the offset, even though the Unit had been deemed illegal to inhabit at that time.10 Second, there is substantial evidence in the record to support a finding of significantly reduced habitability as a result of the sewer leak, the rodent problem, the structural defects, the electrical violations, and the “very poor” overall quality of the Unit’s installation. VRP at 114. At trial, the Tenants proposed a percentage of 25 based on an estimate of the percentage of actual uninhabitable space in the Unit. This included “the pantry area, any areas where there were rats . . . [or] sewage smell.” VRP at 217. Pham accepted the estimate at that time but later disputed it in his motion for reconsideration. From the record, a rational, *839fair-minded person could easily find that the Unit’s habitability had been reduced by 25 percent.

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