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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Moreover, the judgment was based on several irregularities. Because Ms. Newbigging’s entire July rent did not become due until the 27th or 28th, the July 20 three-day notice to pay all of July’s rent or vacate may have been defective. See Bernard v. Triangle Music Co., 1 Wn.2d 41, 53, 95 P.2d 43 (1939) (dismissing unlawful detainer action where notice to pay or quit issued before rent was due). The unlawful detainer was based on nonpayment of July’s rent. That rent had long been paid by the time of entry of judgment. August’s rent had been paid as well without *190complaint from Housing. Most importantly, the default judgment was for September’s rent and attorney fees even though the rent for that month was not yet due. See Muscek v. Equitable Sav. & Loan Ass’n, 25 Wn.2d 546, 553-54, 171 P.2d 856 (1946) (vacating monetary judgment entered before court had determined interlocutory matter); see also State ex rel. Turner v. Briggs, 94 Wn. App. 299, 302-05, 971 P.2d 581 (1999) (noting court can vacate void or voidable judgments under CR 60).

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