[WSBARP] Unlawful detainer - timing show cause

[Rob Rowley]

Typically partial payment does not vitiate the three day notice.  See
below.  However, I always advise my landlord clients that if you give a
three day notice and receive a substantial payment, typically more than
50%, then the safest approach would be to re-issue a new three day notice
with the new amount so that you don't have to argue these issues to a judge
or court commissioner who is clueless on these issues.  Less satellite
litigation.



I typically have the return date on my summons to be close of business on
last business day before the show cause hearing.



E. *Non **Waiver* *of **Rent*

The well established rule in Washington is that if a landlord accepts *rent*
 with knowledge of a prior breach of a lease covenant, the landlord waives
the right to 332
<http://scholar.google.com/scholar_case?case=10737901391714598689&q=59.18+partial+rent+waiver&hl=en&as_sdt=4,48#p332>
*332
<http://scholar.google.com/scholar_case?case=10737901391714598689&q=59.18+partial+rent+waiver&hl=en&as_sdt=4,48#p332>evict
based on that breach.[17]
<http://scholar.google.com/scholar_case?case=10737901391714598689&q=59.18+partial+rent+waiver&hl=en&as_sdt=4,48#[17]>
 However, a "landlord does not waive defaults in *rent*by accepting
*rent* after
a three-day notice if he applies the receipts to earliest *rent*first and
there is still some *rent* owing for the period before the notice."[18]
<http://scholar.google.com/scholar_case?case=10737901391714598689&q=59.18+partial+rent+waiver&hl=en&as_sdt=4,48#[18]>

*958 P.2d 327 (1998)*



*HOUSING RESOURCE GROUP, dba The Graham/Terry Apts., Respondents,v.Kevin
PRICE, Appellant.*







*Robert R. Rowley* | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Roger Hawkes
*Sent:* Wednesday, November 26, 2014 2:09 PM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Unlawful detainer - timing show cause



Josh: I think you have to do a new three day notice if you accept partial
rent.  I haven’t researched that for a long time, but my aging gray matter
sends forth that vague memoryJ



Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005



*From:* Josh Grant [mailto:jgrant at accima.com <jgrant at accima.com>]
*Sent:* Wednesday, November 26, 2014 1:58 PM
*To:* wsbar
*Subject:* [WSBARP] Unlawful detainer - timing show cause



Listmates



I only do UD/s about once a year.  this is a residential tenancy. We are
not worried about a deficiency judgment., client just wants probable drug
user out and our basis is failure pay rent. we have served 3 day notice to
pay or vacate.  got only a partial payment of rent, and now additional
months are owing.



Do you set the date out near the end of the 30 days on the order to show
cause so that you have plenty of time to arrange to get the order to show
cause etc served?



and do you put the date for response on the eviction summons a day before
the hearing (even if that is over 20 days?) so that when you get to the
hearing you can get a default and  Order (of eviction) ON Show cause
entered at the same time?



thanks



Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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