Landlords' stated reason was a pretext. Accordingly, Tenants refused to comply with
the notice of eviction.
1 Tenants had a parking dispute with a disabled neighbor regarding her ability to
access her property. Landlords intervened and requested that Tenants not park on certain
parts of the street. Landlords subsequently stated in an e-mail to Tenants that Tenants'
refusal to comply with Landlords' request would "necessitate [l]ease non-renewal." CP at
15-16, 19.
-3-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, et al. v. Brown, et al., 92978-5
Landlords subsequently brought an unlawful detainer action in King County
Superior Court. Landlords asked the court to terminate the tenancy, enter a writ of
restitution restoring Landlords to possession of the property, and award damages and
reasonable attorney fees and costs. Landlords also moved the court for an order
requiring Tenants to appear and show cause why a writ of restitution should not issue.
In response, Tenants submitted four declarations supporting their claim that Landlords
did not have just cause for the eviction as required by the Just Cause Eviction Ordinance
(JCEO). Tenants also claimed that service of process and the contents of the eviction
notice were insufficient.
At the show cause hearing, Tenants requested a trial on the issue of just cause.
VTP (Aug. 12, 2014) at 6. The court commissioner concluded "that there are issues
[as to the mother and as to the husband] that require more extensive time than we
have here, so I will set the matter for trial." !d. at 7.
Pursuant to RCW 2.24.050, Landlords moved the superior court to revise the
commissioner's ruling. On September 2, 2014, the court held a hearing on