Legal Opinion

FPA Crescent Associates, LLC v. Jamie's LLC

Court of Appeals of Washington

Decided October 20, 2015No. 32705-1-IIIPublishedCited by 9 opinions

1Opinion of the Court

Lawrence-Berrey, J. —

¶ 1 This case presents the issue of whether a landlord may bypass the notice and right to cure provision of RCW 59.12.030(3) by declaring a tenant in default for nonpayment of rent, then terminating the tenancy, and then arguing that the tenant is a holdover tenant unlawfully detaining under RCW 59.12.030(1). We answer no to the issue presented. We reverse and remand to the trial court for it to consider the tenant’s proper remedy.

FACTS

¶2 Respondent FPA Crescent Associates LLC owns the Crescent Building, located in downtown Spokane. It leased a portion of the building to…

2Cases cited24 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. Cowiche Canyon Conservancy v. BosleyWashington Supreme Court · 1992
  4. ATHERTON CONDO APARTMENT-OWNERS ASS'N BD OF DIRECTORS v. Blume Dev. Co.Washington Supreme Court · 1990
  5. Christensen v. EllsworthWashington Supreme Court · 2007

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3Cited by9 opinions

  1. Kitsap County Consolidated Housing Authority v. Kimbra Henry-levingstonCourt of Appeals of Washington · 2016
  2. Mark Brewer, V. Colleen HillCourt of Appeals of Washington · 2023
  3. FPA Crescent Associates, LLC v. Jamie's LLCCourt of Appeals of Washington · 2017
  4. Mark Whitmore v. Zane LarsenCourt of Appeals of Washington · 2020
  5. Nyman v. HanleyWashington Supreme Court · 2021

4 more not listed; retrieve them via the Exa API.

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