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Wash. Supreme Court published opinion — 900884.pdf

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Wash. Supreme Court published opinion — 900884.pdf
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Washington (state)
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JOSE SEGURA and TABETHA GONZALEZ, )
) No. 90088-4
Petitioners, )
)
v. )
) EnBanc
ROGACIANO and RAQUEL CABRERA, )
)
Respondents. ) Filed: OCT 2 9 2015

MADSEN, C.J.-RCW 59.18.085 of the Residential Landlord-Tenant Act of 1973

(RL TA), which is intended to provide relocation assistance to tenants, does not allow

recovery for emotional distress. The statute's plain language and its stated purpose

compel this result. The trial court and the Court of Appeals were correct in so

determining. We affirm.

FACTS

Rogaciano and Raquel Cabrera bought a house in Pasco, Washington, in 2007. In

2011, they obtained a license from the city to rent the house as a single residential unit.

Contrary to the license, the Cabreras rented the upstairs and the basement as separate

apartments.
             
No. 90088-4

On July 3 ~ 2011, the Cabreras leased the basement to Jose Segura and Tabetha

Gonzalez (collectively Segura) for a year's term. Segura paid $600 for the first month's

rent, $600 for a rental security deposit, and $150 as a deposit for electric utility service.

Five days later, the city of Pasco Code Enforcement Office inspected the property and

found that the Cabreras had converted the single family dwelling into a duplex without a

permit and that the basement unit was uninhabitable. Accordingly, the city ordered

Segura to vacate the premises within 20 days.

Segura sought compensation from the Cabreras. On July 14, Segura gave the

Cabreras a written demand for refund of prepaid deposits and rent and for monetary

relocation assistance, as provided by RCW 59.18.085(3). The Cabreras did not respond

to the letter. Mr.: Cabrera later stated in a deposition that he ignored it because an