Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)

Citation: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Parent Document: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-01-08
Original Source: https://www.courtlistener.com/opinion/4930926/duvall-highlands-llc-v-elwell/ ↗

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Aged, C.J.
—After mobile home tenant Jan Elwell refused to pay the rent and other charges due in June 1999, her landlord, Anna Hwang, issued a five-day notice to pay or vacate. When Elwell failed to pay anything before the notice deadline, Hwang commenced an unlawful detainer action and served Elwell with a summons and complaint. The summons instructed Elwell to pay the rent due into the court registry as directed by RCW 59.18.375 in order to avoid immediate issuance of a writ of restitution to Hwang, but Elwell did not deposit any funds into the court registry. After a show cause hearing, the commissioner referred the case to trial, where Elwell ultimately prevailed. But because Elwell failed to pay even the undisputed portion of the rent and charges, the commissioner should have issued a writ of restitution and entered a final judgment in Hwang’s favor at the show cause hearing. We therefore reverse. FACTS AND PROCEDURAL HISTORY

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