Refined Holdings, Llc, V. Stephanie B. Olsen
58563-4
Wash. Ct. App.Nov 21, 2024Background
- Stephanie Olsen was a tenant at property owned by Refined Holdings, LLC in Ocean Shores, WA.
- Refined Holdings served Olsen with four 10-day notices to comply or vacate for various lease violations within a 12-month period, and then a 60-day termination notice.
- The alleged violations included unauthorized occupants, unauthorized and inoperable vehicles, improper disposal of waste, dangerous materials, and nuisance conduct.
- Refined Holdings filed an unlawful detainer complaint to evict Olsen after she did not vacate, attaching the notices and evidence such as photos.
- At a show cause hearing, Olsen denied all violations and argued there were factual disputes requiring a trial; the court nevertheless issued a writ of restitution granting the landlord possession and awarded attorney fees to Refined Holdings.
- Olsen appealed, claiming insufficient evidence of just cause for eviction and error in the attorney fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether landlord met burden to prove just cause for eviction | Olsen: Refined failed to prove each notice was a substantial breach; disputes of material fact exist. | Refined: Violations well-documented; general denials insufficient to create an issue of fact. | Court found for Olsen: Landlord failed to provide admissible evidence for all violations. |
| Validity of writ of restitution | Olsen: Should not have been issued due to disputed facts and insufficient evidence. | Refined: Notices and attachments are sufficient for writ. | Court reversed the issuance of the writ. |
| Attorney fees award | Olsen: Fees improper because underlying order was improper. | Refined: No specific defense on appeal. | Court reversed the attorney fee award. |
Key Cases Cited
- Randy Reynolds & Assoc., Inc. v. Harmon, 193 Wn.2d 143 (strict construction of unlawful detainer statutes in tenant's favor; landlord must establish entitlement to possession)
- Garrand v. Cornett, 31 Wn. App. 2d 428 (show cause hearings in unlawful detainer actions must be meaningful and may require trial if there are factual disputes)
- Carlstrom v. Hanline, 98 Wn. App. 780 (show cause hearing is a summary proceeding for possession, not a final merits determination)
- Faciszewski v. Brown, 187 Wn.2d 308 (importance of meaningful tenant participation at show cause hearings)