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Property Keyed to French
Elk Creek Management Company v. Gilbert
Citation:
303 P.3d 929 (2013)Facts
The tenants, Harold Gilbert and Melissa Strittmatter, made complaints to the property owner about electrical problems in their rental unit. The property manager, Shelly Gluch, also noticed a bent service mast and became concerned about the property’s electrical service. The landlord conducted an initial walk-through on May 19, 2009, to “check out the breaker box and want[ed] to see the floor in the bathroom.” A second walk-through was scheduled for June 16, during which a licensed electrician accompanied the owner and manager. The electrician recommended repairs to the electrical system that would involve costs to the owner. The next day, the manager informed the tenants that the owner had decided to terminate their lease. The following day, the tenants received a 30-day no-cause termination notice with a note stating: “I am sorry that I have to give you the thirty days notice. [The owner] has several repairs including updating the electrical. If there is anything I can do please let me know.” The trial court found that the electrical system was not in good working order, and that the tenants’ complaints and the manager’s concerns led to the initial walk-through. However, the court concluded that the tenants had not established retaliation because they “inflicted no wrong” upon the owner, and the owner did not attempt to “respond in a wrongful manner.”
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