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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¶21 Rather, the order for involuntary dismissal was entered specifically on the undisputed fact that Harvest Manor accepted rent in full after service of the July 23, 2007 notice to comply or vacate, which was the third notice served within a 12-month period. The trial court made a narrow ruling, holding “as a matter of law that by continuing to accept rental payments in full from [Mr. Padilla] after *765service of the July 23, 2007 notice to comply or vacate, [Harvest Manor] waived its right to declare a lease forfeiture, and waived its right to file an unlawful detainer action.” CP at 46.

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