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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

COMMONWEALTH REAL ESTATE SERV. v. Padilla, 205 P.3d 937 (2009)

Citation
COMMONWEALTH REAL ESTATE SERV. v. Padilla, 205 P.3d 937 (2009)
Parent Document
COMMONWEALTH REAL ESTATE SERV. v. Padilla, 205 P.3d 937 (2009)
Jurisdiction
Washington (state)
Effective Date
2009-04-16

Other Sections in This Document (29)

Full Text

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¶ 16 "While chapter 59.12[RCW] is designed to provide expeditious, summary proceedings, it is in derogation of the common law and must be strictly construed in favor of the tenant." Laffranchi v. Lim, 146 Wash.App. 376, 383, 190 P.3d 97 (2008) (footnote omitted). Moreover, the burden is upon the plaintiff in an unlawful detainer action to prove his or her right to possession by a preponderance of the evidence. Hous. Auth. of City of Pasco & Franklin County v. Pleasant, 126 Wash.App. 382, 392, 109 P.3d 422 (2005). "The possession of a tenant is originally lawful, and is so presumed until the contrary appears." Duprey v. Donahoe, 52 Wash.2d 129, 135, 323 P.2d 903 (1958).