[WSBARP] unlawful detainer judgment

Eric Lanza eric at jaglaw.net
Fri Jun 1 15:33:34 PDT 2018


I think it is because the definition of Unlawful Detainer in 59.12.030(1) through (6) require a “continuing possession” element.

If there is no continuing possession, then the definition of unlawful detainer is not met.

Angelo Property Co., LP v. Hafiz,167 Wash.App. 789 is a good reference.

Since the operative statute is the same for commercial and residential, I would assume the rule applies to both.




Eric J. Lanza, J.D.
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Friday, June 01, 2018 3:04 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] unlawful detainer judgment

Listmates, I know that when a tenant vacates the property priortothe show cause, the UD action is no longer valid and tje action must be converted to a money due or breach suit if you want a judgment. What I don't know is the cite for why that is true. Anyone know the cite  for this? Also does it only apply to residential or is it the same for commercial? Thanks in advance for your wisdom.



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