[WSBAPT] Terminating Tenancy to sell property

[Marcus Fry]

Agreed on all points.  However, I heard this from an assistant AG who indicated judges had ruled that separate notices need to be given.

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

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kaitlyn Jackson
Sent: Wednesday, September 16, 2020 2:22 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Terminating Tenancy to sell property

I have not had this problem and this argument/conclusion not only doesn't make sense, but instructs the landlord to violate the Proclamation.

A 20 Day Notice is called "Notice to Terminate" and a 60 day Notice is called "Notice to Terminate." Either notice terminates the tenancy. The only difference is the amount of time given to the tenant to vacate before they are considered unlawfully detaining the property.

What's more strange about this argument is that, under the Proclamation, if you give a tenant a 20 day notice to terminate, you are violating the ordinance. So, to require that notice be served is an instruction to violate the Proclamation.

Even more strange is that giving multiple notices like this is just likely to confuse the tenant about when they are actually required to vacate.

If a Commissioner has ruled this way I would file a motion for a revision.

Kaitlyn

On Wed, Sep 16, 2020 at 2:09 PM Marcus Fry <mfry at lyon-law.com<mailto:mfry at lyon-law.com>> wrote:
All:
I am hearing word that on month to month tenancies, if you give a 60 day notice of intent to sell to terminate tenancy (to comply with Governor Inslee’s proclamation), that you still have to give the 20-day notice terminating tenancy, even though the 20-day period is not used because the 60-day period is longer.  Anyone encountering this with the courts?

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

NOTICES:
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.

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Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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