Wash. Court of Appeals published opinion — D2 47696-7-II Published Opinion.pdf

Housing Kitsap to give Kimbra an opportunity to cure the lease violations before bringing an

unlawful detainer during the lease term.

We hold that under 42 U.S.C. § 1437d(l), a lawfully terminated lease does not

automatically renew at the end of its term. Therefore, because Housing Kitsap lawfully

terminated Kimbra’s lease, it could file an unlawful detainer action under RCW 59.12.030(1)

once the lease term ended and was not required to give Kimbra an opportunity to cure her lease

violations. We also hold that (1) federal law did not prevent Housing Kitsap from bringing its

unlawful detainer action without additional notice, (2) Kimbra’s eviction did not violate her due

process and equal protection rights, and (3) Kimbra failed to challenge the timeliness of Housing

Kitsap’s unlawful detainer action in the trial court and cannot raise it for the first time on appeal.

Accordingly, we affirm the trial court’s ruling that Kimbra was in unlawful detainer.

FACTS

Signing the Lease

On January 10, 2014, Kimbra signed a lease with Housing Kitsap to rent a federally

subsidized apartment. Under the lease’s provisions, Kimbra’s tenancy began on January 10 and

the initial term of the lease was 12 months. But the lease provided that “[t]he first month of the

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lease shall be the calendar month during which [the] initial tenancy commences.” Clerk’s Papers

(CP) at 327. Therefore, December 31, 2014 was listed as the end date. The lease further stated

that the lease “shall automatically be renewed for successive terms of 12 months” unless

modified or terminated in accordance with certain lease provisions or not renewed for