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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CP at 84-85. The lease states, “If any rent is not paid on or before the due date, Tenant agrees to pay a late charge of [$]25 for each day that the same is delinquent, including the day of payment . . . .” CP at 56. Pham correctly cites the general rule that the terms of a fixed lease apply to the terms of a holdover tenancy, even in the absence of language in a holdover provision. Marsh-McLennan Bldg., Inc. v. Clapp, 96 Wn. App. 636, 644-48, 980 P.2d 311 (1999). Under this rule, the terms of the lease would have extended to the holdover tenancy and Pham would have been entitled to charge late fees if the Tenants had been in default.11

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