[WSBARP] UDs and Eviction Notice
Tom J. Westbrook
tjw at w3net.net
Fri Aug 14 16:22:08 PDT 2015
Hi Paul,
I can't imagine any jurist letting you off without some notice to vacate
- no matter what the statute or lease says. Give notice before you start
the ULD. You don't want to be arguing it later when you can prevent the
argument now. My 2 cents.
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Rodgers, Kee & Card, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com
Skype: thomas.westbrook
www.buddbaylaw.com
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, August 14, 2015 2:41 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] UDs and Eviction Notice
Dear UD Gurus, RCW 59.12.030(1) says that no eviction notice is
necessary at the end of the term of the lease. And, RCW 59.12.030(2)
says that you have to give a twenty day notice for a month-to-month
lease. Most residential leases (at least the one I'm reviewing) are for
a set period (i.e. one year) with a provision that if the T holds over,
the lease converts to a month-to-month lease. End of lease was July 31
and LL wants T out but LL hasn't given T any kind of written notice,
yet.
OK, so under this type of lease language, is my client ok with giving no
notice because the lease expired and the LL hasn't accepted any
additional rent payments or must LL give T the twenty day notice because
the lease has automatically converted to a month-to-month lease?
(Actually, T is about 9 months behind in rent so I am going to give a
3-day notice just to cover all of my bases but I thought that maybe I
don't need to even give the 3-day notice because the lease just expired
anyway) Any thoughts or case law out there?
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