Mary Ozeroff v. United States

The United States brought this unlawful detainer action against Mary Ozeroff to obtain restitution of premises located at Richland, Washington, and to recover for unpaid rental. Summary judgment was entered for plaintiff, and defendant appeals.

Claiming to be a tenant from month to month after expiration of a lease on the premises held by her brother, appellant argues that the form of notice to quit did not comply with the applicable Washington statutes, RCW 59.04.020 and 59. 12.030(2), and was therefore ineffective. Specifically, appellant urges, the notice purported to require her to vacate the promises prior to the end of the month, contrary to the cited statutes.

The record fails to substantiate the contention that appellant was a tenant from month to month, or on any other terms. In so far as the record shows, she was a person who, after the expiration of her brother’s lease, remained in possession of the premises without the permission of the owner. She was therefore guilty of unlawful detainer when she failed to remove herself from the premises after the written notice which was given, only three days’ notice being required. RCW 59.12.030(6).

As an additional reason why…