Indeed, only after the proper notice is provided and the cure period has expired can the tenant be said to be unlawfully detaining the premises. See Indigo Real Est. Servs., Inc. v. Wadsworth, 169 Wash. App. 412, 421, 280 P.3d 506 (2012) ("Once a tenant is in the status of unlawful detainer, the landlord may commence an unlawful detainer action by serving a summons and complaint."). Only then can the landlord avail itself of the superior court's authority to enforce the provisions of a lease agreement.
The adequacy of a notice terminating tenancy presents a mixed question of law and fact that we also review de novo.Indigo Real Estate Servs., Inc. v. Wadsworth, 169 Wash.App. 412, 417, 280 P.3d 506 (2012).Ruvalcaba v. Kwang Ho Baek, 175 Wash.2d 1, 6, 282 P.3d 1083 (2012)
Relying on a provision of the unlawful detainer statute, RCW 59.12.170, and this court's decision in Indigo Real Estate Services, Inc. v. Wadsworth, 169 Wn.App. 412, 280 P.3d 506 (2012), Kennard contends that the trial court was required and failed to calculate the amount of rent due. Neither authority supports his assertion.
RCW 59.18.370 states that residential landlords "may" request a show cause hearing, but this provision has been interpreted as requiring residential landlords to afford tenants such a hearing. SeeIndigo Real Estate Servs. , Inc., v . Wadsworth , 169 Wash.App. 412, 421, 280 P.3d 506 (2012).
The court may also grant other relief including damages and attorney fees if there are no substantial issues of material fact regarding the landlordβs entitlement to that relief. Id.; Indigo Real Est. Servs., Inc. v. Wadsworth, 169 Wash. App. 412, 421, 280 P.3d 506 (2012); Hartson Pβship v Goodwin, 99 Wash. App. 227, 230-31, 991 P.2d 1211 (2000).
Federal laws that provide additional protections for tenants beyond the requirements of state law "are properly considered as limitations to our state's unlawful detainer statute." Indigo Real Estate Servs. v. Wadsworth , 169 Wash. App. 412, 423, 280 P.3d 506 (2012). ΒΆ21 A trial court cannot grant relief in an unlawful detainer action if the landlord has not provided the required notice to vacate or cure.
In arguing that he was entitled to a show cause hearing, Canaday cites a provision that applies to residential property. See RCW 59.18.370; Indigo Real Estate Servs., Inc. v. Wadsworth, 169 Wn.App. 412, 421, 280 P.3d 506 (2012). Canaday attempted to begin an unlawful detainer action by filing a counterclaim, not an unlawful detainer summons.
And regardless of whether the landlord is successful in obtaining the writ of restitution, the statute permits the landlord to seek "other relief" as part of the unlawful detainer process, such as a final judgment for damages or termination of the tenant's lease.Indigo Real Estate Servs. Inc. v. Wadsworth, 169 Wash. App. 412, 421, 280 P.3d 506 (2012) (quoting Carlstrom v Hanline, 98 Wash. App. 780, 788, 990 P.2d 986 (2000) ). RCW 59.18.380 ; see also Faciszewski, 187 Wash.2d at 314-15, 386 P.3d 711 ; Hous. Auth. of City of Pasco & Franklin County v. Pleasant, 126 Wash. App. 382, 390-91, 109 P.3d 422 (2005).
We review questions of law de novo. Indigo Real Estate Servs., Inc. v. Wadsworth, 169 Wn.App. 412, 417, 280 P.3d 506 (2012).
Indigo Real Estate Servs.. Inc. v. Wadsworth. 169Wn.App. 412, 421, 280 P.3d 506 (2012). RCW 59.18.380.