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

A PHA cannot terminate a public housing lease without complying with the requirements

of federal law. Hous. Auth. v. Bin, 163 Wn. App. 367, 371, 260 P.3d 900 (2011).

3. Washington Unlawful Detainer Law

“An unlawful detainer action is a statutorily created proceeding that provides an

expedited method of resolving the right to possession of property.” Christensen v. Ellsworth,

162 Wn.2d 365, 370-71, 173 P.3d 228 (2007). The unlawful detainer statute, RCW 59.12.030 et

seq., created a summary proceeding that was an alternative to an ejectment action. Angelo Prop.

Co. v. Hafiz, 167 Wn. App. 789, 808, 274 P.3d 1075 (2012). A statutory unlawful detainer

action “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). Any ambiguities in the unlawful detainer statute are strictly construed in the tenant’s

favor. Id.

A tenant can be guilty of unlawful detainer under RCW 59.12.030 in seven different

ways. Two alternative ways are relevant here.

First, under RCW 59.12.030(1) a landlord can file an unlawful detainer action when a

lease term has ended without satisfying any other requirements. A tenant is guilty of unlawful

detainer under this subsection “[w]hen he or she holds over or continues in possession . . . of the

property . . . after the expiration of the term for which it is let to him or her.” RCW

59.12.030(1). The statute further provides that when property is leased for a “specified term” by

contract, “the tenancy shall be terminated without notice at the expiration of the specified term.”

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No. 47696-7-II