[WSBARP] Unlawful detainer - timing show cause

[Roger Hawkes]

Thanks, Rob.

Have a great weekend☺

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Rob Rowley [mailto:rob at rowleylegal.com]
Sent: Wednesday, November 26, 2014 2:29 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Unlawful detainer - timing show cause

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 rentby accepting rent after a three-day notice if he applies the receipts to earliest rentfirst 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.



[cid:image001.jpg at 01D00987.5C542E00]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<mailto:rob at rowleylegal.com>
Web Site: www.rowleylegal.com<http://www.rowleylegal.com/>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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 memory☺

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Josh Grant [mailto: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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