Sec. 8
- Citation
- Sec. 8
- Parent Document
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Jurisdiction
- Washington (state)
- Effective Date
- 1973-10-25
- Original Source
- https://www.courtlistener.com/opinion/1452046/foisy-v-wyman/ ↗
Other Sections in This Document (140)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
- Foisy v. Wyman, 515 P.2d 160 (1973)
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Full Text
1,143 charsIn the instant case, the 3-day notice to pay rent or vacate the premises that was served upon the defendant called for the payment of $205, the balance due under the lease, plus $75 per month for July and August. There was no dispute as to the monthly rental payment under the terms of the purported lease; however, there was a conflict as to the amount of the monthly rental due for the months of July and August. The plaintiff testified the rent for those months was to be $75 per month, and the defendant testified that it *33was to be $50 per month. It appears that the plaintiff’s demand for rental in the notice was in conformity with his good faith determination as to the amount of rental due, and that the defendant was not prejudiced as he could have tendered to the plaintiff the amount of rental due according to his understanding, of the agreement. See C. J. Peck, Landlord and Tenant Notices, 31 Wash. L. Rev. 51, 61 (1956). In tendering the amount due to the plaintiff, of course, he would deduct that amount due which he believed he was relieved from paying due to the landlord’s breach of his implied warranty of habitability.