MacRae v. Way

Plaintiff appeals from a judgment dismissing his action for unlawful detainer instituted under RCW 59.12.030(3), i.e., for failure to pay rent. The basis upon which the trial court dismissed the action was that the notice to pay rent or vacate was improperly served.

On the date of the alleged service of the notice to pay or vacate, May 29, 1962, 1 plaintiff’s possessory interest in the property involved was that of a lessee. Defendant was plaintiff’s sub-lessee. It is undisputed that on June 1, 1962, plaintiff surrendered his leasehold interest to his lessor, who, in turn, negotiated a lease…