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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¶22 The record contains ample evidence of conditions in the Unit that would cause a fair-minded, rational person to find a substantial risk of future danger. As long as substantial evidence supports the trial court’s findings, “a reviewing court will not substitute its judgment for that of the trial court even though it might have resolved a factual dispute differently.” Sunnyside, 149 Wn.2d at 879-80. Pham misstates the evidence when he claims that Bradrick testified that “the habitability issues were not so egregious as to warrant an order of condemnation, eviction or displacement, even though he had authority to issue such orders.” Appellant’s Reply Br. at 11. Bradrick testified that he did not consider the sewer leak to be “egregious to the point where I was going to get excited and create an emergency on it or anything, but I did want it to be addressed relatively quickly.” VRP at 115. He further testified that “[i]f I went back to inspect today, and the sewage had not been rectified, I would immediately put out an emergency order, yes.” VRP at 132. The Tenants also testified about the sewage leak and smell and presented evidence that Pham had been informed that the lines needed to be replaced. The Tenants’ testimony about the persistence of rodents as well as Bradrick’s testimony and letter all supported a likelihood that rodents were present. Bradrick also testified about the *830poor condition and installation of the stairs and handrails, back door, sewer pipe, door to the crawl space, and bathroom sink, and dangerous electrical violations. We find that the record contains sufficient evidence to support a finding of breach of the warranty of habitability.

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