Wash. Court of Appeals published opinion — 389189_pub.pdf

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issue a written notice to terminate the tenancy that must be served consistent with

RCW 59.12.040. See RCW 59.18.650(6)(a). The notice must also “[i]dentify the facts

and circumstances known and available to the landlord at the time of the issuance of the

notice that support the cause or causes with enough specificity so as to enable the tenant

to respond and prepare a defense to any incidents alleged.” RCW 59.18.650(6)(b).

Permissible grounds for termination of a residential tenancy are set forth in

RCW 59.18.650(2). Two such grounds are relevant here. A tenant may be evicted for

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No. 38918-9-III
Kiemle & Hagood Co. v. Daniels

“substantial breach” of a material lease obligation, so long as the tenant is given 10 days

to cure. RCW 59.18.650(2)(b). Eviction may also be premised on “waste,” “nuisance,”

“unlawful activity that affects the use and enjoyment of the premises,” or “other

substantial or repeated and unreasonable interference with the use and enjoyment

of the premises by the landlord or neighbors of the tenant,” so long as the tenant is given

at least three days’ notice to quit. RCW 59.18.650(2)(c).

Where a landlord’s notice specifies a tenant has an opportunity to cure a statutory

violation or nonconformance with a lease obligation, the notice “expire[s] after sixty days

unless the landlord pursues any remedy under” the RLTA. RCW 59.18.190.

A landlord may file an action for unlawful detainer if the tenant remains in

possession of the premises in violation of the terms of the landlord’s notice. See Randy

Reynolds, 193 Wn.2d at 156. To physically evict the tenant, “a landlord may apply for a