if a tenant breaches a rental agreement by failing to make timely rental
payments. RCW 59.18.130, .180(2). See Christensen v. Ellsworth, 162 Wn.2d
365, 370, 173 P.3d 228 (2007). “An unlawful detainer action is a statutorily
created proceeding that provides an expedited method of resolving the right to
possession of property.” Christensen, 162 Wn.2d at 370-71. In so doing, it
“relieves a landlord of having to file an expensive and lengthy common law action
of ejectment.” FPA Crescent Assocs. v. Jamie’s LLC, 190 Wn. App. 666, 675,
360 P.3d 934 (2015). “However, in order to take advantage of [the unlawful
detainer statute’s] favorable provisions, a landlord must comply with the
5
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 84119-0-I/6
requirements of the statute.” Hous. Auth. of City of Everett v. Terry, 114 Wn.2d
558, 563-64, 789 P.2d 745 (1990).
In residential tenancies, a tenant is liable for unlawful detainer “[w]hen he
or she continues in possession . . . after a default in the payment of rent, and
after notice in writing requiring in the alternative the payment of the rent or the
surrender of the detained premises . . . [and the request] has remained
uncomplied with . . . for the period of 14 days after service.” RCW 59.12.030(3);
see also RCW 59.18.650(2)(a). Thus, pursuant to Washington law, both notice
of the tenant’s default and the expiration of the requisite period to cure are
required before a tenant can be in the status of unlawful detainer. RCW
59.12.030(3). “The purpose of the notice is to provide the tenant with ‘at least
one opportunity to correct a breach before forfeiture of a lease under the
accelerated restitution provisions of RCW 59.12.’” Christensen, 162 Wn.2d at