Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)

Citation: Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)
Parent Document: Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)
Jurisdiction: Washington (state)
Effective Date: 2012-07-09
Original Source: https://www.courtlistener.com/opinion/4951771/indigo-real-estate-services-inc... ↗

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¶33 The trial court erred by determining that Wadsworth had unlawfully detained the premises without first deter*426mining that her conduct constituted material noncompliance supporting termination of her tenancy. Pursuant to the express terms of the lease, the court was required to determine whether Wadsworth’s four-day delay in removing the plywood panel — the sole basis found by the court to justify her eviction — was either a “substantial violation” or a “repeated minor violation” of the lease. Absent proof of such a violation by a preponderance of the evidence, the issuance of the writ of restitution was improper. Duprey, 52 Wn.2d at 135. Moreover, where a section 8 tenant properly contests a landlord’s allegation that the tenant’s conduct constitutes material noncompliance with the lease, the tenant is generally entitled to a trial on that issue.9 Pleasant, 126 Wn. App. at 393. Because the question of material noncompliance is “an inappropriate issue to summarily resolve,” Pleasant, 126 Wn. App. at 393, the final determination of the parties’ rights in this unlawful detainer action must be determined at trial.10 Ill

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