Wash. Court of Appeals published opinion — 709569.pdf

April 30, 2013. The Tenants were required to pay $850 rent on the first of each month.

They paid the first and last month's rent and a security deposit of $650, for a total of

$2,350.

The tenancy presented a number of difficulties. The Tenants' income varied and

they often paid their rent late or in installments. They complained to Pham about the

Unit's conditions, including the absence of baseboards, holes and gaps between the

floor, walls, and doors, lack of railings on an outside deck and stairs, leaking

water/sewage in a large "crawl space," and the stench of sewage coming from the

bathroom sink. Pham characterized the Tenants' complaints as "playing this game" and

arising only when rent was due. Verbatim Report of Proceedings ((VRP) at 64-65; 68. In

contrast, the Tenants said that Pham would tell them to address the issues themselves,

or would fail to address their concerns at all.

In August 2012, the Tenants notified Pham that they had seen a rat in the Unit.

Pham hired an exterminator to inspect and treat the Property for rodents and insects on

a quarterly basis. The exterminator came twice to spray and set traps. Because the
             
No. 70956-9-1/3

exterminator did not see evidence of rats, Pham discontinued the scheduled quarterly

visits and opted for annual visits. The Tenants continued to see and hear rats in the

Unit, and caught several rats using traps they purchased and placed themselves.

The Tenants had paid rent in full through April 2013, when the lease expired. The

lease provided that the Tenants would be liable for rent and other damages sustained

as a result of any holdover. The Tenants did not make any subsequent rent payments