[WSBAPT] Rent overpayment after tenant's death?

[Kaitlyn Jackson]

Did the sister live with the deceased tenant or was the deceased tenant the
sole occupant of the property? Section 1 of RCW 59.18.595 only applies to
those situations where the deceased tenant was the "sole occupant."

Assuming the sister was an occupant of the property with the deceased
tenant, then here's my understanding of the law here in month-to-month
tenancies where the tenant (or someone legitimately standing in the shoes
of the tenant) is terminating. Some of this analysis can be applied to the
situation if the deceased tenant was the sole occupant of the Property.

1. LL is entitled to all of the rent for July (though, this is a sad
situation and I certainly hope the LL demonstrates some compassion here).
See analysis below.
2. I don't think the LL can claim notice was not adequately given - but the
notice came with less than 20 days left until the end of June and the "20
day" notice has to be given at least 20 days before the "end of the rental
period" to be effective for that period. So, if rent was due on the 1st of
the month, the notice has to be given on or before the 10th or 11th
(depending on whether there are 30 or 31 days left in the month). So, as
notice was not given until June 17, the notice would not be effective until
the end of July. Thus, the LL is entitled to all of July. Alternatively,
because the property was not vacated until July 3, then rent was due in
full for the month of July.

If the deceased tenant was the *only occupant - *then section (1) includes
the following: *"**the tenancy will terminate fifteen days from the date
the notice is mailed or personally delivered** or* *the date through which
rent is paid, whichever comes later,** unless during that time period a
tenant representative makes arrangements with the landlord to pay rent in
advance for no more than sixty days from the date of the tenant's death to
allow a tenant representative to arrange for orderly removal of the
tenant's property. **At the end of the period for which the rent has been
paid pursuant to this subsection, the tenancy ends."  However, as you
pointed out, the provision in section 2 requires the LL to return "unearned
rent." But it's unclear what rent would be "unearned." In my opinion, this
depends on the term of the lease and what amounts are held by the landlord.
In this case, this is a month to month lease and the LL received notice
that it would be terminated. However, proper termination of a
month-to-month from the tenant's perspective would be a 20 day notice as
explained above. And also as explained above, the notice would not expire
until the end of July. Thus, the LL would have to return any prepaid rent
for months paid beyond July with a proper 20 day notice. *

Furthermore, the statute also says the tenancy ends at the end of the *period
for which rent has been paid*, so the end of the period would be the end of
July. LL is entitled to payment through July under either analysis. Once
again, I would hope the LL would be sympathetic, but this is one of the
contemplated purposes of having tenants pay their "last month's rent" in
advance.

Happy to hear other practictioner's thoughts, though!

Kaitlyn



On Wed, Jan 26, 2022 at 9:27 AM Michael Geoghegan <
nwstrategyandplanning at outlook.com> wrote:

> Hi All,
>
> I have a question about RCW 59.04.020 (death of a tenant).
>
> Decedent was on a month-to-month lease.  She died on June 17, 2021.  The
> sister (eventual PR) notified the landlord on June 18 of the tenant's
> death, removed tenant's belongings and left the place clean on June 25
> (except a couch that was picked up July 3 at which time the sister left the
> last copy of the key in the mailbox). Landlord kept rent for all of July.
>
> RCW 59.18.595(2)(c) (deceased tenant provision) states: "Within fourteen
> days after the removal of the property by the tenant representative, the
> landlord shall refund any unearned rent and shall give a full and specific
> statement of the basis for retaining any deposit together with the payment
> of any refund due the deceased tenant under the terms and conditions of the
> rental agreement to the tenant representative."
>
> 1. Is LL entitled to rent for all of July?
>
> 2. Can LL claim that notice was not adequately provided if the sister was
> not yet named the PR (she is legally a successor)?
>
> -Michael
>
>
>
> Michael Geoghegan
> Northwest Strategy and Planning, PLLC
> t: 206.353.5592
> e: michael at nwstrategyandplanning.com
>
> w: nwstrategyandplanning.com | LinkedIN
> <https://www.linkedin.com/in/michael-geoghegan-5893407>
>
> Scheduling: https://northwest-strategy-and-planning-pllc.appointlet.com
>
>
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-- 

Thank you,



Kaitlyn R. Jackson, Attorney

Dimension Law Group, PLLC

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