[WSBAPT] Terminating Tenancy to sell property

Wed Sep 16 15:01:57 PDT 2020

On a related note:

I do not see anything in the proclamation states that the 60 day notice period needs to expire at the “end of such month or period” like a 20 day notice issued under 59.12.030(2).

Are judges requiring that the “termination date” in a 60 day notice coincide with the expiration of the periodic rental period? Or can the 60 day notice terminate the tenancy at the end of 60 days, regardless of what day of the month the expiration date falls.

You would think if there was such a requirement, it would be spelled out in the proclamation. The proclamation could have easily borrowed that language from the 20 day notice statute, but it doesn’t.

Eric J. Lanza, J.D.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, September 16, 2020 2:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Terminating Tenancy to sell property

Additionally, if the "20 day notice" is based on the statute 59.18.030, the statute allows you to give "more" than 20 days.

RCW 59.12.030<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.030>
Unlawful detainer defined.
A tenant of real property for a term less than life is liable for unlawful detainer either:...
(1) When he or she holds over or continues in possession, in person or by subtenant, of the property or any part thereof after the expiration of the term for which it is let to him or her. When real property is leased for a specified term or period by express or implied contract, whether written or oral, the tenancy shall be terminated without notice at the expiration of the specified term or period;
(2) When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord, more than twenty days prior to the end of such month or period, has served notice (in manner in RCW 59.12.040<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.040> provided) requiring him or her to quit the premises at the expiration of such month or period;...

So the Notice to Terminate - 60 days, so long as it cites the legal basis under 59.18.030 is also this "20 days notice." The 20 days is a minimum amount of days you can serve such a notice, not a requirement.

However, if the Notice to Terminate - 60 days, only cites the proclamation and does not cite 59.18.030 as well, then that might be the issue.

Kaitlyn

On Wed, Sep 16, 2020 at 2:39 PM Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>> wrote:
I would challenge that and get a revision. It's hogwash (legal term of art).

Kaitlyn

On Wed, Sep 16, 2020 at 2:34 PM Marcus Fry <mfry at lyon-law.com<mailto:mfry at lyon-law.com>> wrote:
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> [mailto: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:
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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