This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting periodic tenants use of the defense. Based on these considerations, this comment concludes that Washington State courts should recognize the availability of the retaliatory eviction defense to periodic tenants.
Phillip Raymond, Retaliatory Eviction and Periodic Tenants in Washington, 4 SEATTLE U. L. REV. 415 (1981).