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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¶30 Having served Wadsworth with a notice to comply or vacate, it was Indigo that determined that Wadsworth had failed to comply with the notice within the allotted time period. It was Indigo that then filed and served a complaint for unlawful detainer that explicitly sought to terminate Wadsworth’s tenancy. See Clerk’s Papers at 115 (“[P]laintiff prays ... [f]or forfeiture of defendant(s) tenancy.”). Indeed, Indigo was statutorily required to explain to Wadsworth in the summons that “[y]our landlord is asking the court to terminate your tenancy.” RCW 59.18.365(3). Indigo was, of course, under no obligation to request that the court evict Wadsworth following her failure to comply with the notice. Because it was Indigo’s calculated and deliberate conduct *425that precipitated the termination of Wadsworth’s tenancy, Indigo’s argument that it was not the ultimate cause of this termination is unavailing. The fact that Indigo proceeded by way of the unlawful detainer statute is immaterial.

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