Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)

Citation: Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)
Parent Document: Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wash. App. 412 (2012)
Jurisdiction: Washington (state)
Effective Date: 2012-07-09
Original Source: https://www.courtlistener.com/opinion/4951771/indigo-real-estate-services-inc... ↗

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¶26 Indeed, where a landlord has not demonstrated material noncompliance with the lease, it cannot properly be said that a section 8 tenant has unlawfully detained the property at all. As Professor Stoebuck has explained, “One should think of ‘unlawful detainer’ as being a status in which a tenant is wrongfully occupying, i.e., unlawfully detaining, the premises.” 17 Stoebuck & Weaver, supra, § 6.80, at 440. Where a section 8 tenant has not committed a “[s]erious violation ... or repeated violation of the terms and conditions of the lease,” 24 C.F.R. § 982.310(a)(1), or otherwise engaged in conduct giving rise to good cause to terminate the tenancy, 24 C.F.R. § 982.310(d), such a tenant is entitled to remain in possession of the property. A tenant entitled to possession cannot wrongfully occupy the premises. 17 Stoebuck & Weaver, supra, § 6.80, at 440.

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