[WSBAPT] Unlawful Detainer Notice Requirements

[Mike Winslow]

The attorney is correct. It’s is twenty days’ notice given before the end of the rental period. So if tenancy runs from 1st to end of month, then the window to give the notice is the time before the last 20 days of the month. Start from the end of the rental period, and count backwards 20 days. That’s the last day to give the “20 day notice”.
 
So if you give it before the 11th of October, it still ends on the 31st of the month, no matter what day you gave the notice.
So if you give notice on the 1st of October, they have until October 31st to move out; not October 20th.
RCW 59.18.200
Tenancy from month to month or for rental period—Termination—Armed forces exception—Exclusion of children—Conversion to condominium—Notice.
(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
 
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
www.doranlegal.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161102/faca5eec/attachment.html>