[WSBARP] Residential landlord-tenant early termination

[Marcus Fry]

Paul:

To be clear, I was opining that the 60-day termination notice is fine.
Landlord may have a problem finding a tenant that will agree to it
however, but that is free market negotiation.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 



 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, February 25, 2014 10:10 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Residential landlord-tenant early termination

 

I don’t think the lease is improper at all.  This is just the power to
enter into a contract.  The law clearly permits month-to-month leases and
clearly permits leases that exceed a year.  So what makes a 60 day
termination notice improper?  To be blunt, this is the risk the tenant
took when the tenant signed the lease.  

 

-----Original Message-----
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Tuesday, February 25, 2014 10:02 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: RE: [WSBARP] Residential landlord-tenant early termination

 

Denver:

The RLTA is silent on the issue.  I have always been of the position that
this is free market at its finest (Seattle law eliminates that) because a
tenant may not want to have to move in 60 days otherwise the tenant would
just sign up for a month to month lease.  Now, I take the opposite
conclusion for those leases that state they are month to month, but the
tenant is required to rent for a period of X# of months.  I don’t think
you can call it a month to month and also a term lease at the same time.
It should be a 9 month lease that converts to month to month after the
expiration of the 9 month period.  Both situations the RLTA is silent, but
I think the latter one is improper because of the confusing application of
month to month tenancy rules.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Denver Gant
Sent: Tuesday, February 25, 2014 9:31 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Residential landlord-tenant early termination

 

Listmates:

 

Has anyone dealt with a residential lease (the property is outside of
Seattle) that allows the landlord to terminate 60 days after the landlord
provides the tenant with 60 days’ notice of the landlord’s intent to sell
the property?  Does an early termination (five of slightly less than 12
months have passed at this point) violate the Residential Landlord-Tenant
Act?  

 

I have researched it, but cannot find a discussion about whether a
termination based upon intent to sell is valid in a residential lease.
The default rule seems to be that the purchaser of the property takes the
property subject to the lease.  But none of the discussions of the default
rule I found address or deal with a lease that contains an early
termination section.  I have to believe this situation has come up many
times and wonder whether anyone has any insight on this or a similar early
termination issue.

 

Thanks in advance (and apologies to KCBA real property listmates for the
cross-post).

 

Denver R. Gant 

Veris Law Group PLLC

1809 Seventh Avenue, Suite 1400

Seattle, WA 98101

Direct: (206) 829-8712

Main: (206) 829-9590

denver at verislawgroup.com

www.verislawgroup.com <http://www.verislawgroup.com/>  

 

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