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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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Further, Kahli's accommodation claim is unusually difficult. For many months, the Josephinium attempted to assist Kahli with her housekeeping. Those efforts failed, through no fault of the Josephinium. Still, the Josephinium renewed Kahli's lease. Only after she failed to pay her rent did these proceedings begin. At that point, Kahli's defense depended upon the existence of facts excusing her failure to pay rent—which must be facts existing at the time of her breach. We do not address whether efforts to accommodate a disability may be required after an eviction notice in other circumstances; presumably a landlord may not escape an obligation to accommodate merely by serving a notice to vacate. Here, a failure to accommodate could not excuse Kahli's breach if the failure occurred after the breach, so post-notice conduct was irrelevant. In addition, Kahli's post-notice communications did not propose a plan of requested accommodation, but only requested a meeting to discuss such a plan. The court did not ignore post-notice conduct, but rather found none relevant to Kahli's defense. The court was correct.