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Wash. Court of Appeals published opinion — D2 56232-4-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 56232-4-II Published Opinion.pdf
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Washington (state)
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No. 56232-4-II

vacated the residence, there would be no basis for the landlord to pursue an unlawful detainer

action against the tenant. See RCW 59.18.650(2)(e) (providing cause to evict when “[t]he tenant

continues in possession”). Accordingly, based on our review of the plain meaning, we hold that

RCW 59.18.650(2)(e) requires an owner to make reasonable attempts to sell or advertise the

residence “within 30 days after the tenant has vacated,” as provided in the definition of elects to

sell. RCW 59.18.650(2)(e).3

Snow argues that the legislative history of the statute supports his interpretation because

the statute was enacted with the goal of protecting residential tenants following the eviction

moratorium proclaimed during the COVID-19 pandemic. But this legislative history is only

relevant to determining the intent behind the statute if the statute is ambiguous, which, as described

above, it is not. Jametsky, 179 Wn.2d at 762. And, even if the legislative history was relevant to

our analysis, the requirements placed upon landlords under the statute—namely, that a tenant can

only be evicted for one of the causes enumerated in the statute—and the relief for tenants in the

form of a wrongful eviction lawsuit if these requirements are not followed achieves the

legislature’s goal of “protecting residential tenants . . . by . . . limiting the reasons for eviction,

refusal to continue, and termination” of tenancies. LAWS OF 2021, ch. 212, § 2. But this does not

lead us to conclude that a property owner must list or advertise a residence for sale while a tenant

is still residing on the premises.