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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

MH2 Co. v. Hwang, 104 Wash. App. 680 (2001)

Citation
MH2 Co. v. Hwang, 104 Wash. App. 680 (2001)
Parent Document
MH2 Co. v. Hwang, 104 Wash. App. 680 (2001)
Jurisdiction
Washington (state)
Effective Date
2001-02-01

Full Text

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A trial court’s conclusions of law are reviewed de novo. City of Seattle v. Megrey, 93 Wn. App. 391, 393, 968 *684P.2d 900 (1998). In Conclusion of Law 2, the trial court concluded, “[defendants are not unlawfully detaining as provided in RCW 59.12, the real property owned by plaintiff.” An unlawful detainer action under chapter 59.12 RCW is a summary proceeding designed primarily to facilitate recovery of possession of real property and incidentally related issues such as rent. Munden v. Hazelrigg, 105 Wn.2d 39, 45, 711 P.2d 295 (1985). Relief under the unlawful detainer statute requires: (1) the tenant’s breach; (2) notice to the tenant of the existence of a breach together with an opportunity to correct; and (3) failure by the tenant to correct the breach. RCW 59.12.030(4); Wilson v. Daniels, 31 Wn.2d 633, 643, 198 P.2d 496 (1948).