[WSBARP] Landlord's Election of Remedies
Marcus Fry
mfry at lyon-law.com
Wed Mar 12 12:57:25 PDT 2014
Tom:
Thanks for the comment. Paul, look at the unpublished case 3601 Group,
Inc. v. Alfalfa's Northwest, Inc., 2003 Wash. App. LEXIS 2773. I think it
would be helpful in seeing what factors to consider. The fight was over
what remedy that landlord had elected whether to relet on tenant’s behalf
or terminated and relet on landlord’s behalf. The property in this suit
was very attractive (one of the factors to consider in LL’s election)
although strangely could not seem to keep a tenant (another factor for LL
to consider) because the tenant that took over also defaulted.
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
NOTICES:
*Adoption Attorney reflects election as a Fellow of the American Academy
of Adoption Attorneys, an invitation based organization of 300+ attorneys
nationwide, under its criteria of experience, ethics and peer
recommendation. Washington's Supreme Court has not yet developed or
recognized a credentialing process for specialties, and
certification/fellowship is not required to practice law in this state.
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.
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Wednesday, March 12, 2014 11:06 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Landlord's Election of Remedies
Always good to have a Tenant that can pay and you can chase. Assuming the
lease allows re-entry when tenant abandons or terminates before end of
lease term, then my preference is to have the LL re-lease. Marcus does way
more of this than I do, so he may have a different view – make sure you
get his opinion and see what Steve Whitehouse has to say as well. Those
guys always seem to be spot on.
Regards,
Tom
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, March 12, 2014 10:48 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Landlord's Election of Remedies
Actually, the tenant has other business that are more successful than this
location and owns a home so it may be worthwhile to go after the tenant.
You have said “If circumstances are right, I prefer to re-enter the
premises and have LL re-lease to new Tenant to mitigate damages on front
end and then go after the Tenant for loss of rents, damages, etc.”
My question is if you “prefer” to re-enter and re-lease, is it after a
termination of the original lease or is it a re-lease of the premises in
the name of the tenant? Does it make a difference?
-----Original Message-----
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Wednesday, March 12, 2014 10:45 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Landlord's Election of Remedies
Hi Paul,
My advice to LL is always the same – what is the best cash flow decision
for them? Since most defaulting tenants like this are effectively judgment
proof, it doesn’t often make a lot of business sense to go after the
Tenant unless there are significant damages caused by Tenant. If
circumstances are right, I prefer to re-enter the premises and have LL
re-lease to new Tenant to mitigate damages on front end and then go after
the Tenant for loss of rents, damages, etc.
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Thomas J. Westbrook, PLLC
PO Box 1
Littlerock, WA 98556
Olympia Office:
Evergreen Plaza Building
711 Capitol Way S.
Suite 101
Olympia, WA 98501
Telephone: 360-357-7400
Facsimile: 360-357-7414
Email: tjw at w3net.net
Skype: thomas.westbrook
The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information. If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-357-7400 or by e-mail to <mailto:cjw at w3net.net> cjw at w3net.net, and
destroy the original message from your electronic files.
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, March 12, 2014 10:18 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Landlord's Election of Remedies
Listmates: It’s been a while so I apologize for the basic question.
Commercial landlord client has a tenant who has unilaterally vacated with
three years remaining on the lease and sent the keys. LL may elect to (1)
terminate the lease, mitigate damages, and sue T for the difference OR (2)
not terminate the lease but rather re-enter the premises and re-let the
premises either in the name of the LL or in the name of the tenant, and
then sue for the difference.
What are the factors in LL’s decision to make either election?
===============================
- To contact the list administrator, send a message to:
<mailto:webmaster at wsbarppt.com> webmaster at wsbarppt.com
- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list.
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents.
===============================
- To contact the list administrator, send a message to:
<mailto:webmaster at wsbarppt.com> webmaster at wsbarppt.com
- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list.
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents.
===============================
- To contact the list administrator, send a message to:
<mailto:webmaster at wsbarppt.com> webmaster at wsbarppt.com
- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list.
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents.
===============================
- To contact the list administrator, send a message to:
<mailto:webmaster at wsbarppt.com> webmaster at wsbarppt.com
- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list.
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents.
===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com
- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list.
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents.
-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 15390 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20140312/6a6537f4/winmail.dat>
More information about the WSBARP
mailing list