[WSBARP] Landlord's Election of Remedies

Wed Mar 12 11:05:37 PDT 2014

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

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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?  

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All opinions and comments in this message represent the views of the
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Bar Association nor its officers or agents. 

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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. 

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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. 

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