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DEXHEIMER v. CDS, INC.

No. 18913-9-III.

17 P.3d 641 (2001)

104 Wash.App. 464

Chris DEXHEIMER and Melissa Dexheimer, husband and wife, Respondents, v. CDS, INC., a Washington corporation, Defendant, Ralph and Gertrude Guthrie, husband and wife, Appellants.

Court of Appeals of Washington, Division 3, Panel Eight.

January 25, 2001.

Attorney(s) appearing for the Case

Dudley R. Forster, Hayden, ID, Randall R. Adams, Coeur D'Alene, ID, for Appellants.

Frederic G. Fancher, Daniel E. Huntington, Richter-Wimberley, Spokane, for Respondents.

SWEENEY, J.

A tenant may premise an action against a landlord under any of three legal theories: the Residential Landlord Tenant Act (RLTA), the rental agreement, or the common law. Howard v. Horn, 61 Wn.App. 520, 522-23, 810 P.2d 1387 (1991). But not all three theories allow for the recovery of monetary damages. Here, the court instructed the jury...

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