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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Faciszewski v. Brown, 187 Wash. 2d 308 (2016)

Citation
Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Parent Document
Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Jurisdiction
Washington (state)
Effective Date
2016-12-22

Other Sections in This Document (51)

Full Text

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Relying on this provision, Landlords argue that Tenants bear the burden of showing the lack of just cause for eviction as an affirmative defense. Suppl. Br. of Resp’ts at 8. Tenants counter that proof of just cause is part of Landlords’ burden of proof at the show cause hearing, pointing to SMC 22.206.160(C)(l)’s language that the landlord “ ‘shall not evict or attempt to evict any tenant... unless the owner can prove in court that just cause exists.’ ” Suppl. Br. of Pet’rs at 7 (alteration in original) (quoting SMC 22.206.160(C)(1)). Resolution of this case does not depend on the burden of proof, as the sole question here concerns whether the court in an unlawful detainer action can even consider evidence relating to just cause once the landlord files the certification allowed under SMC 22.206.160(C)(4).