[WSBARP] Unlawful Detainer, Mail Notice and then Post

[hhherman2]

The verbal agreement set up a whole new landlord/tenant relationship and waives the prior notices. The 20 day notice to vacate has to be served 20 days prior to the beginning of the next rent period. Personal service is preferred, but if that is not possible after diligent effort then the mailing of the notice and the posting or the notice is the alternative. If there is more than one tenant, there has to be a separate notice for each tenant. The proof of mailing and posting by declaration must state the time, date and place of mailing and to whom it is addressed. If the rent period is from the first of the month to the end of the month, remember April is a short month. In counting the days, you don’t count the first day but you count the last. So back up from April 30 to count the 20 days. There is nothing magic about these notices. If the tenant ignores the notice, you will have to commence an unlawful detainer action to get them out. If there is unpaid rent, you may be able to cut the time in half by using a 3 day notice to pay rent or vacate. But if you do that and they pay the rent, then you need to get the 20 day notice posted and mailed promptly.

Howard Herman

Herman Herman & Jolley PS

509.220.5810 The 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, April 1, 2015 3:28 PM
To: wsbar
Subject: [WSBARP] Unlawful Detainer, Mail Notice and then Post

 

I have a client, Landlord, who did a pretty good job without legal help.  Tenant is a month to month residential holdover, and client has property sold.  Tenant keeps delaying departure.

 

The notice to vacate gave 32 days to be out.  They mailed it on 1/25 to tenant and THEN posted it conspicously on 1/30.  Then they mutually agreed (apparently verbally) to let them stay til 3/27.  They still are there.

 

In looking at 59.12.040 it says you can post the notice “and also sending a copy through the mail addressed to the tenant”.  It doesn’t say that the mailing has to be after the posting.

 

I hope we don’t have to start all over with another 20 day notice.  Client may lose a sale.

 

Is there authority that if you verbally let a tenant after the date on your notice to vacate, that you have to re-do the notice?

 

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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