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Wash. Court of Appeals published opinion — 726111.pdf

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Wash. Court of Appeals published opinion — 726111.pdf
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Washington (state)
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PUBLISHED OPINION
MICHAEL R. BROWN and
CO
JILLA.WAHLEITHNER,
en

Appellants. FILED: February 1,2016

J. Leach — Michael Brown and his wife, Jill Wahleithner (Tenants), appeal

the trial court's decision evicting them from a house owned by Stephen

Faciszewski and his wife, Virginia Klamon (Landlords). The Tenants challenge

the sufficiency of the service and the contents of the notice terminating their

tenancy and the award of unpaid rent, attorney fees, and cost to Landlords. The

Landlords properly served the termination notice and it provided the Tenants with

adequate notice about the Landlords' just cause for eviction. And because the

trial court properly awarded the Landlords unpaid rent for the period of unlawful

detainer, along with attorney fees and court costs, we affirm.

FACTS

The Tenants leased a house in Seattle from the Landlords. The Landlords

lived in a house next door. After the lease expired, Tenants continued to live in
             

NO. 72611-1-1/2

the house on a month-to-month basis. In February 2014, the Tenants had a

parking dispute with neighbors about a disabled person's access to those

neighbors' house. The Landlords intervened and asked the Tenants not to park

in a certain area that blocked access.

Faciszewski unsuccessfully attempted to serve the Tenants personally

with a notice terminating tenancy. Faciszewski then taped a copy of the notice to

the front door of the rental property. He also mailed a copy to the Tenants at the

same address. The notice required the Tenants to vacate the house on or before

July 31 so that one or more members of Landlords' immediate family could use it

as a primary residence.