Jin v. KYB Farms, No. 42365-1-II, 2012 Wash. App. LEXIS 2448 (Wash. Ct. App. Oct. 16, 2012)

(farm rental lease dispute between landowner and farm business/tenants; lease required $2000 per month rent on land and farm house, but tenants paid only $1200 per month, which was accepted by landlord for one and a half years; landlord then filed three day notice to pay rent or vacate claiming delinquent rent of $800 per month since the inception of the lease; notice was sent to tenants doing business as farm business; tenants submitted $1200 rent in response, which was not accepted by landowners, but tenants remained on property; unlawful detainer filed by landowners; after bench trial, court held tenants current on rent until three day notice to quit presented and restored property to landowners with judgment for delinquent rent; court awarded tenants attorney fees; on appeal tenants argued trial court lacked jurisdiction because notice was defective; appellate court disagreed because notice was not premature or addressed to wrong party; court also held amount due on notice was subject of dispute, so amount claimed did not affect court’s jurisdiction; court did reverse attorney fees award to tenants because they were not parties to the contract (which was with farm business); attorney fees for appeal awarded to landowners as prevailing party on appeal).