[WSBAPT] Unlawful Detainer Notice Requirements

[Jean M. McCoy]

The language in 59.18.200(1)(a) actually says the notice is to be “twenty days or more preceding the end of the month” or period of tenancy.  The tenancy can only terminate on the date which the monthly tenancy ends, usually the last day of the month.  The Notice must be given between the 9th and 11th of the month to be effective for that month of occupancy (presuming a 30 or 31 day month, and allowing for an extra day for mailing if posting is required).  This concept is explained in the Leda case you cite.  So, not 30 days, but your notice didn’t follow the statute, which would have required termination on October 31st, not the 20th.  You may be able to work something out, but give out a new notice no later than the 9th for November 30th to be effective.


Jean M. McCoy | Attorney
[Description: Landerholm-mail-signature1665C]<http://www.landerholm.com/>
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA  98666-1086
T: 360-816-2526 (direct) | T: 503-283-3393 | F: 360-696-2122
www.landerholm.com<http://www.landerholm.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Wednesday, November 02, 2016 1:55 PM
To: Real Property Section
Subject: [WSBAPT] Unlawful Detainer Notice Requirements

Here is one for you unlawful detainer attorneys.
When there is a month to month tenancy I have always thought that RCW 59.18.200 (1) states that 20 days notice for the termination of a tenancy must be given.  My client, the landlord, was in a month to month tenancy with a tenant who had moved two days before the first of July and the tenancy was considered from the first of the month to the first of the month.  We gave the 20 Day notice of termination of tenancy on October 1st giving the tenant until midnight on October 20th to move out.  That is 20 days notice.
I am being harangued by an attorney who says we had to give 30 days notice.  He quotes Froberg v. Gordon 124 Wn. 2d 732 (1994) and Leda v. Whisnand, 150 Wn. App. 69 (2009) a holding that we have to give 30 days notice.  I do not see it.
What am I missing????
Jim Doran
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

----------------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s).  It contains confidential, proprietary or legally protected information which is the property of  Landerholm, P.S. or its clients.  Any unauthorized disclosure or use of the contents of this e-mail is strictly prohibited.  If you have received this e-mail in error, notify the sender immediately and destroy all copies of the original message.

----------------------------
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161102/e6d51106/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 4361 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161102/e6d51106/image001.gif>