[WSBAPT] Landlord Tenant Issue

[Marcus Fry]

I believe the answer in that case is unclear from case law and I am not real excited about the idea that you are desiring to simply terminate tenancy and are now accepting some rent.  There is a case on 3-day pays that acceptance of partial payment is not a waiver, but your case isn’t a rent case but a 20-day moveout.  This is what I would do, have your client tender payment to the court registry with a letter to tenant advising that LL isn’t accepting payment and has tendered the money into the court registry pending the outcome of the case.  I have done the tender to the court registry numerous times with no issue and when I get the judgment the order directs that the clerk disburse to LL as payment on the judgment.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, March 24, 2015 11:49 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Landlord Tenant Issue

Marcus, would you feel the same if the summons and complaint was filed and served and then the T came up with a partial payment.  In other words, would there still be waiver if the T paid a portion of the money and LL cashed it but after the lawsuit was filed and served?


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Monday, March 23, 2015 3:18 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Landlord Tenant Issue

There will be waiver if Landlord accepted rent for any period occurring after December 31, 2014.  Additionally, the LL would have created another month to month tenancy acceptance rent after 12/31 requiring another 20-day notice prior to the end of the rental period.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Grant
Sent: Monday, March 23, 2015 3:04 PM
To: Probate & Trust Listserv
Subject: [WSBAPT] Landlord Tenant Issue

Esteemed Colleagues,

If a Landlord gives a tenant a pay or vacate 20 day notice at end of Dec 2014, is there an "expiration date" (for lack of better term) on the notice?  Can Landlord still move forward with an eviction on the basis of the Notice that is almost 3 months old or does he start from scratch?

Thanks for any insight..

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.
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