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Wash. Court of Appeals published opinion — 687271.pdf

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Wash. Court of Appeals published opinion — 687271.pdf
Jurisdiction
Washington (state)
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON ^ ^3C
f£rnc
ROBERT K. HALL, a single man, NO. 68727-1-1 ^ "§£.
and DAYLIGHT PROPERTIES, LLC,
a Washington limited liability company, (Consolidated with
No. 68927-4-1)
Respondents,
DIVISION ONE
v.

MATTHEW FEIGENBAUM and JANE PUBLISHED OPINION
DOE FEIGENBAUM, husband and
wife, and the marital community
comprised thereof,

Appellants. FILED: January 13, 2014

Leach, C.J. — In this commercial unlawful detainer action, Matthew

Feigenbaum appeals multiple trial court orders, based primarily upon allegations

that Robert Hall failed to comply with the notice requirements of the parties' lease

and applicable statutes. Because Hall complied with these notice requirements

and Feigenbaum does not otherwise show reversible error, we affirm and award

Hall attorney fees incurred on appeal.

FACTS

In 2003, Matthew Feigenbaum entered into a commercial lease with

Robert K. Hall to operate a nightclub (premises). The lease provided that

Feigenbaum's failure "to keep and perform any of the covenants and agreements
             

No. 68727-1-I (consol. with
No. 68927-4-I) / 2

[that] continues for twenty (20) days after written notice from Lessor" would

entitle Hall to either terminate and reenter or continue the lease and sublet the

space. The lease specified that "[a]ny notice required to be given ... to the

Lessee" would use the address of the premises or "such other address as either

party may designate to the other in writing."

At some point, Feigenbaum stopped operating the nightclub.1 He did not
pay rent for September and October 2010. On November 5, 2010, Hall served

Feigenbaum with a three-day notice to pay or vacate by posting and mailing to