[WSBARP] UDs and Eviction Notice

[Bryce Dille]

I advise my client  when the lease is going to expire and not being renewed and the LL wants the tenant out when lease term is up, to send a written notice 30 days prior to expiration of lease term advising tenant lease is going to expire and that they should be out at that time.

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Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
Voice:  253.848.3513
Fax: 253.845.4941
bryced at cdb-law.com<mailto:bryced at cdb-law.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Friday, August 14, 2015 4:22 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] UDs and Eviction Notice

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

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Rodgers, Kee & Card, P.S.
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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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