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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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materials, we review the record de novo.3 Interpretation of a statute presents a

question of law that we review de novo.4 The adequacy of a notice terminating
tenancy presents a mixed question of law and fact that we also review de novo.5

2 SMC 22.206.160(C).
3 Indigo Real Estate Servs.. Inc. v. Wadsworth, 169 Wn. App. 412, 417,
280 P.3d 506 (2012).
* Ruvalcaba v. Kwana Ho Baek, 175 Wn.2d 1, 6, 282 P.3d 1083 (2012).
5 Hall v. Feiaenbaum, 178 Wn. App. 811, 819, 319 P.3d 61, review denied,
180 Wn.2d 1018 (2014); RCW 59.12.030.
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NO. 72611-1-1/4

ANALYSIS

The Tenants assert two reasons why the trial court should have dismissed

the Landlords' complaint or conducted a trial before evicting them: the Landlords

did not properly serve the termination notice and the notice did not state sufficient

facts in support of the reason for termination. The Tenants also claim that the

trial court should not have awarded the Landlords back rent because the

Landlords refused to accept payment offered after service of the termination

notice. We disagree with each of the Tenants' assertions.

A statutory unlawful detainer action provides a summary process for

resolving a dispute between a landlord and a tenant about the right to possession

of leased property.6 At the beginning of this action or anytime later in the

proceedings, the landlord may ask the court for a writ of restitution restoring to it

possession of the property.7 For residential property, a landlord who wants a writ

of restitution must schedule a show cause hearing.8 At the show cause hearing,

the court decides if the landlord has shown that no substantial issue of material