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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Faciszewski v. Brown (2016)

Citation
Faciszewski v. Brown (2016)
Parent Document
Faciszewski v. Brown (2016)
Jurisdiction
Washington (state)
Effective Date
2016-12-22

Other Sections in This Document (307)

Full Text

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6 Relying on this provision, Landlords argue that Tenants bear the burden of
showing the lack of just cause for eviction as an affinnative defense. Suppl. Br. ofResp'ts
at 8. Tenants counter that proof of just cause is part of Landlords' burden of proof at the
show cause hearing, pointing to SMC 22.206.160( C)( 1) 's language that the landlord "'shall
not evict or attempt to evict any tenant ... unless the owner can prove in court that just
cause exists."' Suppl. Br. of Pet'rs at 7 (alteration in original) (quoting SMC
22.206.160(C)(l). Resolution of this case does not depend on the burden of proof, as the
sole question here concerns whether the court in an unlawful detainer action can even
consider evidence relating to just cause once the landlord files the certification allowed
under SMC 22.206.160(C)(4).
       7 We confine our review to interpreting the JCEO, as that is all the lower courts did.