[WSBAPT] Unlawful Detainer Notice Requirements

[Danielle Flatt]

RCW 59.18.040(3) exempts hotels, motels, and other transient lodging from
the Landlord Tenant Act.  Notices to would need to comply with the
contract/occupancy rules for motel guests.


Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
234 SW 43rd St, Suite MA | Renton, WA 98057
t: *206.973.3500 *| f: *206.577.5090*| e: *danielle at dimensionlaw.com
<danielle at dimensionlaw.com>*| www.dimensionlaw.com

On Wed, Nov 2, 2016 at 3:40 PM, Jennifer Sohn <jennifer at sohn-law.com> wrote:

> I have a related question. I have a client who owns a motel and one of his
> customers has been residing at one of the rooms for several years on a
> week-to-week basis. The client wants to evict this person. Would the same
> rules apply to this situation?
>
> Thanks,
>
> Jennifer Sohn
> 206.617.7874
>
> On Nov 2, 2016, at 2:41 PM, Mike Winslow <mike at winslegal.com> wrote:
>
> 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 <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
>
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