On Oct. 26, 2026, the Washington Appeals Court, Division One, issued an unpublished opinion that upheld $75,000 in damages for physical pain and emotional distress awarded to Eric Christiansen, a Redmond tenant who endured paint fumes from a neighboring auto‑painting shop, while overturning the trial court’s treble‑damages award.
Christiansen signed a two‑year lease for the unit at 938 164th Ave, LLC on June 15, 2020, after which he began reporting fumes that caused stomach upset and respiratory symptoms. A King County code‑enforcement inspection on Sept. 8, 2020, deemed the apartment uninhabitable and flagged missing occupancy permits.
The trial court found Larry Searles, owner of the garage property, negligent under the Residential Landlord‑Tenant Act, awarding Christiansen $25,000 for physical pain, $50,000 for emotional distress, and $6,967.99 in actual damages, which were trebled to $20,903.97 for a total of $95,903.97.
On appeal, the court explained that Washington law allows recoveries for emotional distress when a physical injury is present, so Christiansen’s $50,000 award remained intact. However, the court determined that the statutory treble‑damages provision could not apply because no prior government notice of condemnation had been issued before the lease was signed.
The appeals court ordered that attorney‑fee determinations be made in a separate proceeding, with a hearing scheduled for early 2027.