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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
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7 IN AND FOR THE COUNTY OF KING

8 UNIVERSITY OF WASHINGTON,
No. ______________
9 Plaintiff,
COMPLAINT FOR UNLAWFUL
10 v. DETAINER
11
ROM PROPERTIES LLC,
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Defendant.
13

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I. INTRODUCTION AND SUMMARY
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1. Plaintiff University of Washington (the “University”) owns and rents real
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property to various tenants in Washington, including the property located at 902 NE 42nd Street,
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Seattle, WA (“Romero House”). Defendant ROM Properties LLC, executed a lease with the
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19 University to rent Romero House (“Lease”). A burst pipe at Romero House in February, 2019,

20 necessitated that ROM Properties LLC move out so the University could conduct repairs. The

21 repairs were completed in September 2019, but Defendant has refused to move back in to
22 Romero House and has likewise refused to pay rent for the months of October, November, and
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December. While Defendant’s possessions are still on the property, the property remains vacant.
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The University made several attempts to communicate with Defendant regarding its refusal to
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pay rent with no resolution. The University has given Defendant notice of its material default of
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PACIFICA LAW GROUP LLP

COMPLAINT FOR UNLAWFUL DETAINER - 1 1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
10010 00150 im165m15p9.002 TELEPHONE: (206) 245-1700
FACSIMILE: (206) 245-1750
 1 the Lease for failure to pay rent, and Defendant has failed to cure the default. Accordingly, the
2 University seeks to terminate Defendant’s Lease and regain possession of Romero House.
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II. PARTIES
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2. The University of Washington is a state institution of higher education and an
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agency of the State of Washington.
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3. ROM Properties LLC is a Washington limited liability company that does
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8 business in Seattle, Washington.

9 III. JURISDICTION AND VENUE

10 4. Pursuant to Const. art. IV, § 6, RCW 59.12.050, and RCW 59.18.370, this Court
11 has jurisdiction over this matter.
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5. Venue is proper in King County, Washington, because the Property subject to this
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action, as defined below, is located in King County.
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IV. FACTS
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6. Property. This unlawful detainer action concerns property located at 902 NE
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17 42nd Street, Seattle, King County, Washington 98105 (“Romero House”). The University owns

18 Romero House.
19 7. Occupancy of Property. Defendant executed the Lease with the University on
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September 1, 2015. A true and correct copy of the Lease is attached hereto as Exhibit A. The
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legal description of Romero House is attached as an exhibit to the Lease. On or about April 12,
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2019, the parties executed a First Amendment to the Lease, modifying the Early Termination
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24 provision. A true and correct copy of the First Amendment to the Lease is attached hereto as

25 Exhibit B. The Lease expires on August 31, 2025.

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27

PACIFICA LAW GROUP LLP

COMPLAINT FOR UNLAWFUL DETAINER - 2 1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
10010 00150 im165m15p9.002 TELEPHONE: (206) 245-1700
FACSIMILE: (206) 245-1750
 1 8. Under section 1(f) of the Lease, Defendant is required to pay a monthly base rent
2 and leasehold excise tax of $5,881.48 on the first day of each month of the Lease term, for the
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period of September 1, 2019 through August 21, 2020.
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9. Defendant subleases all or portions of Romero House to subtenants for short-term
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rentals.
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7 10. Defendant occupied Romero House from September 1, 2015 until February 10,

8 2019.

9 11. On February 9, 2019, Defendant reported a broken pipe and water damage at
10 Romero House. Defendant vacated the property to allow for repairs.
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12. The University notified Defendant on September 4, 2019 that it could take
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possession by mid-September and that they should begin paying rent on October 1, 2019.
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13. The University completed all of the repairs, and Romero House was fully
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15 habitable on September 18, 2019. On October 2, 2019, the University completed repairs on the

16 garage attached to the house. The garage is finished, structurally sound, secure, and in usable

17 condition.
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14. Although Romero House has been habitable since September 18, 2019, Defendant
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has refused to retake possession and resume paying rent. Defendant’s furniture and possessions
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remain at Romero House, but the property is vacant.
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15. On November 4, 2019, the University sent a Notice of Default to Defendant. The
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23 Notice of Default informed Defendant that it was in default of the Lease for failing to pay rent

24 for the months of October and November 2019. Pursuant to section 20(a) of the Lease, the
25 University gave Defendant five days to cure its default. Defendant failed to do so.
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27

PACIFICA LAW GROUP LLP

COMPLAINT FOR UNLAWFUL DETAINER - 3 1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
10010 00150 im165m15p9.002 TELEPHONE: (206) 245-1700
FACSIMILE: (206) 245-1750
 1 16. On November 13, 2019, the University terminated the Lease and informed
2 Defendant that it would be moving to terminate Defendant’s right to possession of Romero
3
House by an unlawful detainer action.
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17. On that same day, the University attempted to serve Defendant with a 14-Day
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Notice to Vacate Premises, required under RCW 59.12.030, by certified mail and email. A copy
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7 of the same was posted at Romero House. The certified mailing came back as undeliverable.

8 18. On December 6, 2019, the University served Defendant with a second 14-Day

9 Notice to Vacate Premises (“Notice”). This Notice was sent to Defendant’s counsel by certified
10 mail and email, and was posted at Romero House in the manner and form required by RCW
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59.12.040 and RCW 59.18.057. A true and correct copy of the Notice and proof of service is
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attached hereto as Exhibit C.
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19. The Notice informed Defendant that it must pay outstanding rent for the months
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15 of October, November, and December 2019 within 14 days after service, or vacate the premises.

16 The total amount of outstanding rent and leasehold excise tax, as of the date of this Complaint, is

17 $17,644.44.
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20. More than 14 days have passed since service of the Notice and Defendant has not
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paid the outstanding rent or vacated Romero House.
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V. CAUSE OF ACTION: UNLAWFUL DETAINER
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21. The University incorporates the preceding paragraphs as if fully set forth herein.
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23 22. A tenant of real property for a term less than life is liable for unlawful detainer if

24 it “continues in possession . . . after a default in the payment of rent, and after notice in writing

25 requiring in the alternative the payment of the rent or the surrender of the detailed premises” has
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27

PACIFICA LAW GROUP LLP

COMPLAINT FOR UNLAWFUL DETAINER - 4 1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
10010 00150 im165m15p9.002 TELEPHONE: (206) 245-1700
FACSIMILE: (206) 245-1750
 1 been served and “has remained uncomplied with . . . for the period of fourteen days after service
2 for tenancies under chapter 59.18 RCW.” RCW 59.12.030(3).
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23. Such notice may be served on a corporation by “delivering a copy thereof to any
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officer, agent, or person having charge of the business of such corporation, at the premises
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unlawfully held, and in case no such officer, agent, or person can be found upon such premises,
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7 then service may be had by affixing a copy of such notice in a conspicuous place upon said

8 premises and by sending a copy through the mail addressed to such corporation at the place

9 where said premises are situated.” RCW 59.12.040.

10 24. Defendant is liable for unlawful detainer because it continues to possess Romero
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House after a default in payment of rent, and because it has failed to cure that default within 14
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days after it was provided with written notice demanding compliance or surrender of the
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property. The written notice was delivered by certified mail and email to Defendant’s counsel,
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15 who agreed to accept service on Defendant’s behalf. The written notice was also posted on the

16 door of Romero House.

17 25. The University is thus entitled to relief pursuant to RCW 59.12 and RCW 59.18.
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VI. PRAYER FOR RELIEF
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WHEREFORE, the University prays for judgment against Defendant as follows
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A. Adjudging Defendant to be unlawfully detaining Romero House;
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B. Issuing a writ of restitution immediately restoring possession of Romero House to
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23 the University and ordering Defendant to vacate the premises;

24 C. Ordering Defendant to remove its property from Romero House, or alternatively,

25 granting the University costs necessary to have such personal property removed from Romero
26 House;
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PACIFICA LAW GROUP LLP

COMPLAINT FOR UNLAWFUL DETAINER - 5 1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
10010 00150 im165m15p9.002 TELEPHONE: (206) 245-1700
FACSIMILE: (206) 245-1750
 1 D. For judgment against Defendant for damages occasioned by the unlawful
2 retention of Romero House in an amount to be established;
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E. For the University’s costs and fees, including reasonable attorney’s fees, allowed
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by statute and under the Lease;
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F. Such other and further relief as this Court may deem necessary and proper.
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7 DATED this 23rd day of December, 2019.

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PACIFICA LAW GROUP LLP
9

10 By: s/ Kymberly K. Evanson

11 Kymberly K. Evanson, WSBA #39973
Michelle Vaughan, WSBA #54751
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Attorneys for Plaintiff University of
13 Washington
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PACIFICA LAW GROUP LLP

COMPLAINT FOR UNLAWFUL DETAINER - 6 1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
10010 00150 im165m15p9.002 TELEPHONE: (206) 245-1700
FACSIMILE: (206) 245-1750
EXHIBIT A
EXHIBIT B
EXHIBIT C
Tracking number 70151730000122520273
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