Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)

Citation: Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)
Parent Document: Housing Authority v. Newbigging, 105 Wash. App. 178 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-03-08
Original Source: https://www.courtlistener.com/opinion/4931207/housing-authority-v-newbigging/ ↗

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Here, Housing sent Ms. Newbigging a single three-day notice to pay rent or vacate for failure to pay the July rent. It then served her with an eviction summons and unlawful detainer action based on that breach. Ms. Newbigging then paid the July rent plus a late charge and attorney fees on August 2. Housing’s law firm accepted that payment. By Housing’s own terms as set forth in its July 19, 1999 letter, her August rent was not due until August 5. Accordingly, the August 2 payment cured the breach that formed the basis of the eviction and unlawful detainer action. No back rent was owed at that time. Housing thus waived the July breach when it accepted the August 2 payment.

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