because their lease required 10 days' notice.23 The court disagreed, concluding
that the clause in the lease did not address notice required in an unlawful
detainer action but only specified that the landlord could not bring suit under the
lease unless the tenants failed to pay rent within 10 days of the due date, i.e.,
when tenants were in default for the prescribed period.24 This court noted that
the tenants did not allege that the landlord terminated their lease or their right of
possession before the requisite 10-day period had elapsed.25
Hall's notice was titled "3-Day Notice to Pay Rent or Vacate." However,
Hall did not exercise his rights by commencing a legal action until December 1,
more than 20 days after serving notice to Feigenbaum. Feigenbaum does not
contend that he was misled or deceived by the language of the notice or that Hall
terminated his lease or his right of possession before 20 days had elapsed.26
21 Cmtv. Invs., 36 Wn. App. at 37-38.
22 36 Wn. App. 849, 679 P.2d 936 (1984).
23 First Union Mqmt., 36 Wn. App. at 859.
24 First Union Mqmt., 36 Wn. App. at 859.
25 First Union Mqmt., 36 Wn. App. at 859.
26 See Davis v. Jones, 15 Wn.2d 572, 576-78, 131 P.2d 430 (1942)
(finding notice valid when the initial notice and summons "performed the function
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No. 68727-1-I (consol. with
No. 68927-4-l)/10
Feigenbaum made no attempts to cure his default, either within 3 days or 20
days. Hall complied with both RCW 59.12.040 and the terms of the lease in
giving Feigenbaum notice of default.
RCW 59.12.070 describes the requirements for the unlawful detainer
summons and complaint. The statute specifies that