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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*424¶28 Accordingly, in order to determine if Wadsworth had unlawfully detained the premises, the trial court was required to determine whether her failure to comply with Indigo’s notice to remove the plywood panel within 10 days constituted “material noncompliance” with the terms of the lease. The court, however, did not reach this issue. Instead, the trial court determined that any right to such a determination is not implicated where a tenancy is terminated by operation of the unlawful detainer statute. Based upon this reasoning, the court found that there were no issues of material fact entitling Wadsworth to a trial and concluded that, because Wadsworth had failed to comply with Indigo’s notice, she had unlawfully detained the premises. In so ruling, the court relied on two arguments, both reasserted by Indigo on appeal. Neither has merit.

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