Commonwealth Real Estate Services v. Padilla, 149 Wash. App. 757 (2009)

Citation: Commonwealth Real Estate Services v. Padilla, 149 Wash. App. 757 (2009)
Parent Document: Commonwealth Real Estate Services v. Padilla, 149 Wash. App. 757 (2009)
Jurisdiction: Washington (state)
Effective Date: 2009-04-16
Original Source: https://www.courtlistener.com/opinion/4946193/commonwealth-real-estate-servic... ↗

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¶16 ‘While chapter 59.12 [RCW] is designed to provide expeditious, summary proceedings, it is in derogation of the common law and must be strictly construed in favor of the tenant.” Laffranchi v. Lim, 146 Wn. App. 376, 383, 190 P.3d 97 (2008) (footnote omitted). Moreover, the burden is upon the plaintiff in an unlawful detainer action to prove his or her right to possession by a preponderance of the evidence. Hous. Auth. v. Pleasant, 126 Wn. App. 382, 392, 109 P.3d 422 (2005). “The possession of a tenant is originally lawful, and is so presumed until the contrary appears.” Duprey v. Donahoe, 52 Wn.2d 129, 135, 323 P.2d 903 (1958).

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