Hawkins v. Diel, 166 Wash. App. 1 (2011)

Citation: Hawkins v. Diel, 166 Wash. App. 1 (2011)
Parent Document: Hawkins v. Diel, 166 Wash. App. 1 (2011)
Jurisdiction: Washington (state)
Effective Date: 2011-11-18
Original Source: https://www.courtlistener.com/opinion/4950936/hawkins-v-diel/ ↗

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¶30 We hold that Price does not relieve the Hawkinses from proving objective symptomatology because the Hawkinses cannot show that a reasonable person in DMC’s shoes would easily foresee that a breach of its duty to repair would likely cause its tenants significant emotional distress. Price, 114 Wn. App. at 73. In this situation, if the landlord takes excessive time to repair damage, the tenant may move out without further liability under the lease. RCW 59.18.090. A tenant may also recover diminution in rental value due to the defective condition, which the Hawkinses successfully did here. RCW 59.18.110. But a landlord cannot reasonably foresee that merely an unsuccessful effort to repair will cause the tenant to suffer severe emotional distress.

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