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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. Drake, 201 P.3d 1093 (2009)

Citation
State v. Drake, 201 P.3d 1093 (2009)
Parent Document
State v. Drake, 201 P.3d 1093 (2009)
Jurisdiction
Washington (state)
Effective Date
2009-02-26

Full Text

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¶ 13 We are unable to identify from the record the legal mechanism employed by the New Washington Apartments to oust Mr. Drake. Unless exempted by RCW 59.18.040, a month-to-month agreement for an indefinite period is typically subject to the Residential Landlord-Tenant Act of 1973(Act). See RCW 59.18.200. Termination and eviction are subject to the procedures set forth in the Act as well as unlawful detainer statutes in chapter 59.12 RCW. Hous. Auth. of City of Pasco & Franklin County v. Pleasant, 126 Wash.App. 382, 390, 109 P.3d 422 (2005). Those procedures involve notice to the tenant. RCW 59.12.030. There are no self-help provisions for removal of a tenant under the Act. Instead, removal must be effected by court order. RCW 59.18.290. In this case, there is no evidence that Mr. Drake received notice of this eviction or a removal order, if one existed.