Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 60448-5-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2060448-5-II%20Published%20Opinion.pdf ↗

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On December 12, 2023, the Jorgensens, through counsel, sent a demand letter addressed to

the Egberts and Jackson. The letter alleged that the Egberts’ failure to repair the property’s septic

system violated the Residential Landlord-Tenant Act of 1973 (RLTA).2 The letter also alleged

2
Ch. 59.18 RCW.

3
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 60448-5-II

that following the Jorgensens’ complaints to the county health department, Jackson had harassed

them and violated their right to quiet enjoyment.

C. SCOTT EGBERT’S INCARCERATION AND TREATMENT AT WESTERN STATE HOSPITAL

Meanwhile, in January 2023, Scott Egbert had been charged with multiple crimes that led

to his incarceration. Due to Scott’s drug addiction and mental health issues, he was eventually

found to be incompetent to stand trial. He was admitted to Western State Hospital (WSH) and

remained there, undergoing treatment, until his release in December 2023.

II. THE EGBERTS BEGIN THE EVICTION PROCESS

On December 28, 2023, the same month as Scott’s release from WSH, the Egberts served

the Jorgensens with a 90-day notice of termination of the lease. The December 28 notice stated

that the Jorgensens’ lease was being terminated because Scott Egbert sought to reside at the

property after his release from WSH. The notice stated,

There is no substantially equivalent unit available in the same building. Scott
Egbert is the owner of the property and has been incarcerated and admitted to
Western State Hospital. He has nowhere to live upon his release from incarceration.
His release is imminent. His intent and plan is to move into his home as his
permanent residence.

Clerk’s Papers (CP) at 40-41.3