Turner v. White, 2513-44692-III
| Decision Date | 31 May 1978 |
| Docket Number | No. 2513-44692-III,2513-44692-III |
| Citation | 20 Wn.App. 290,579 P.2d 410 |
| Parties | Richard TURNER, d/b/a Turner Farms, Inc., Respondent, v. Robert WHITE, Jr., Appellant. |
| Court | Washington Court of Appeals |
Richard Smith, Ben Franklin Legal Aid Assn., Pasco, for appellant.
Michael Pickett, Richland, for respondent.
Defendant appeals from judgment entered in an unlawful detainer action. 1 We reverse and dismiss, holding that RCW 59.12.030 is not applicable against a tenant at will.
In April 1976, the defendant was employed by the plaintiff, and as part of his compensation was allowed to live in a trailer house owned by plaintiff. Defendant's employment terminated June 26, 1976, but defendant continued to live in the trailer house. On July 8, 1976, defendant was served with a notice of "Eviction and Notice to Vacate" which stated in part that defendant was to vacate immediately. On July 13, defendant was served with a summons and complaint for unlawful detainer. He vacated the trailer house on July 26. Trial was held in November 1976 and judgment entered in January of 1977. The court found that defendant was liable for rent from July 11, 1976, through July 26, 1976, and doubled the rent as provided by statute. Judgment was entered against defendant for $200 plus costs and statutory attorney's fees.
The unlawful detainer statute, RCW 59.12.030, et seq., is a special statutory procedure to determine the right to possession. Tuschoff v. Westover, 65 Wash.2d 69, 395 P.2d 630 (1964); Young v. Riley, 59 Wash.2d 50, 365 P.2d 769 (1961); Kessler v. Nielsen, 3 Wash.App. 120, 472 P.2d 616 (1970).
RCW 59.12.030 consists of six separate sections, outlining different circumstances under which a tenant may be guilty of unlawful detainer. They include the following situations:
(a) Holding over after the expiration of tenancy for a specified time;
(b) Continuing in possession after a 20-day notice to vacate has been served when the tenancy is for an indefinite time with monthly or other periodic rent reserved;
(c) Continuing possession after default in payment of rent and tenant has failed either to pay or vacate the premises within 3 days after service of the notice to do so (d) Continuing in possession after neglect or failure to perform any of the covenants of the lease and failure to comply with the terms within 10 days after service of the notice requiring him to do so;
(e) Committing or permitting waste or maintaining a nuisance upon the premises and continuing in possession after service of a 3-day notice to vacate; and
(f) Entering upon the land of another without the owner's consent...
To continue reading
Request your trial
-
Stevenson v. Parker
...to the option agreement, the option is not within the scope of the unlawful detainer act, RCW 59.12.030, et seq.; Turner v. White, 20 Wash.App. 290, 579 P.2d 410 (1978). Therefore, we will not address any issues arising therefrom.2 The notice of termination read, in part:"YOU ARE HEREBY NOT......
-
Landes v. Cuzdey
...notice"). A tenancy at will is "terminable only upon demand for possession, allowing the tenant a reasonable time to vacate." Turner, 20 Wn.App. at 292. But tenancy at will does not fall within the scope of RCW 59.12.030. Id. On the other hand, a periodic tenancy is "a leasehold for an inde......
-
Landes v. Cuzdey
...fixed term of occupancy, and he did not pay any rent. This type of occupancy is referred to as a "tenancy at will." Turner v. White, 20 Wn. App. 290, 292, 579 P.2d 410 (1978); see also 17 WILLIAM B. STOEBUCK & JOHN W. WEAVER, WASHINGTON PRACTICE: REAL ESTATE: PROPERTY LAW § 6.15 (2d ed. 200......
-
McCombs Const., Inc. v. Barnes
...that the Barneses made Scott their statutory agent. The Barneses argue a tenancy at will was created here, relying on Turner v. White, 20 Wash.App. 290, 579 P.2d 410 (1978). Turner held that where the tenant had come upon the premises with permission of the owner and the tenancy was termina......