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Wash. Supreme Court published opinion — 929785.pdf

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Wash. Supreme Court published opinion — 929785.pdf
Jurisdiction
Washington (state)
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Commissioners' rulings are "subject to revision by the superior court." RCW
2.24.050. "On revision, the superior court reviews both the commissioner's fmdings of
fact and conclusions of law de novo based upon the evidence and issues presented to the
commissioner." State v. Ramer, 151 Wn.2d 106, 113, 86 P.3d 132 (2004). Once the
superior court makes a decision on revision, the appeal is from that decision. Id. This
court therefore reviews the superior court's ruling, not the commissioner's. Jd.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, et al. v. Brown, et al., 92978-5

detainer" is statutorily defined. !d. at 371. "A tenant of real property for a term less

than life is guilty of unlawful detainer ... [w ]hen he or she holds over or continues

in possession ... of the property ... after the expiration of the term." RCW

59.12.030(1); see also RCW 59.18.290(2) ("It shall be unlawful for the tenant to

hold over in the premises or exclude the landlord therefrom after the termination of

the rental agreement."). To regain possession of the property, the landlord may file

an unlawful detainer action against the tenant. RCW 59.12.070. Upon filing an

unlawful detainer action, the landlord may request the court to issue a writ of

restitution restoring the property to the landlord. RCW 59.12.090. For residential

property, a landlord seeking a writ of restitution must request a show cause hearing.

RCW 59.18.370. 3

At the show cause hearing, the court must "examine the parties and witnesses

orally to ascertain the merits of the complaint and answer." RCW 59.18.380. If the

court determines that the landlord is entitled to possession of the property, the court