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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¶19 Harvest Manor argues that to apply the doctrine of waiver to the MHLTA makes it impossible for a landlord to evict a tenant pursuant to RCW 59.20.080(l)(h) because the landlord would have to stop accepting rent from the tenant once the first notice is served. Harvest Manor contends that applying the waiver principle to RCW 59.20.080(l)(h) “effectively removes it from the MHLTA.” Br. of Appellant at 6. Harvest Manor claims that the concept of requiring an accumulation of violations to support a termination of the tenancy is “contrary to the theory of a waiver of the very violations that must be accumulated.” Id. Consequently, Harvest Manor argues that the legislature did not intend for it to forgo rent for one year on the off chance Mr. Padilla might again violate some provision of the lease or the park rules or risk waiver.

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