Pham v. Corbett, 187 Wash. App. 816 (2015)

Citation: Pham v. Corbett, 187 Wash. App. 816 (2015)
Parent Document: Pham v. Corbett, 187 Wash. App. 816 (2015)
Jurisdiction: Washington (state)
Effective Date: 2015-05-26
Original Source: https://www.courtlistener.com/opinion/4956711/pham-v-corbett/ ↗

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¶18 Pham argues that the trial court “fail[ed] to explain how relocation assistance relates to possession of the property.” Br. of Appellant at 21. And he claims it is contradictory for a tenant to ask for assistance to vacate while he or she continues to assert a right to possession. We disagree. By seeking relocation assistance, the Tenants do not concede the right to possession. Instead, they claim the right has been compromised by the Unit’s unlawful status, which, in turn, gives rise to the claim for relocation assistance. Thus, the issue of the right to possession is intimately tied to the lawful status of the Unit and the Tenants’ right to relocation assistance. Furthermore, the relocation assistance claim is also based on facts that would excuse a tenant’s breach, because it requires a finding that the dwelling is or will be unlawful to occupy. A landlord would be precluded from renting a dwelling that was illegal to occupy, and any tenants would be absolved of their duty to pay rent.4

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