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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¶47 We find that the terms of the lease apply to the holdover tenancy. However, we agree with the trial court’s *840assessment that Pham’s claim for late fees “has no legal basis” because the Tenants were found to be current in rent. CP at 84. An appellate court may “sustain a trial court’s judgment upon any theory established by the pleadings and supported by proof.” Wendle v. Farrow, 102 Wn.2d 380, 382, 686 P.2d 480 (1984) (citing Gross v. City of Lynnwood, 90 Wn.2d 395, 401, 583 P.2d 1197 (1978)). Based on Pham’s breach of the warranty of habitability, the trial court concluded that as of April 2013, the Tenants had overpaid rent for nine months, and that overpayment had already covered the rent due for May, June, and July 2013. Therefore, at the time of trial, there was no rent that had “not [been] paid on or before the due date.” CP at 56.

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