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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Josephinium Associates v. Kahli, 45 P.3d 627 (2002)

Citation
Josephinium Associates v. Kahli, 45 P.3d 627 (2002)
Parent Document
Josephinium Associates v. Kahli, 45 P.3d 627 (2002)
Jurisdiction
Washington (state)
Effective Date
2002-05-06

Other Sections in This Document (57)

Full Text

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Where a tenant does not pay the agreed rent, the tenant's defense must constitute an excuse for that breach. While discrimination is extremely unlikely to be such a defense, it is not a logical impossibility. This is one of those unlikely cases: if true, Kahli's defense excused her nonpayment, because had the Josephinium not discriminated against her, Kahli would have occupied a 30 percent unit, and would have owed no more rent than she tendered. The trial court properly concluded that Kahli asserted a cognizable discrimination defense in this unlawful detainer action.