[WSBARP] UDs and Eviction Notice

[Marcus Fry]

Paul:
That is an auto renewal provision and pretty common.  You have a month to month.  Serve the 3-day for rent (9 months wow!) and the 20-day for end of Sept as it is too late for August.  I always put in bold when serving multiple notices that Landlord has the right to proceed with an eviction under any of the notices given.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

NOTICES:
 *Adoption Attorney reflects election as a Fellow of the American Academy of Adoption Attorneys, an invitation based organization of 300+ attorneys nationwide, under its criteria of experience, ethics and peer recommendation. Washington's Supreme Court has not yet developed or recognized a credentialing process for specialties, and certification/fellowship is not required to practice law in this state.
Confidentiality: This e-mail transmission may contain information which is protected by attorney-client, work product and/or other privileges.  If you are not the intended recipient, you are hereby notified that any disclosure, or taking of any action in reliance on the contents, is strictly prohibited.  If you have received this transmission in error, please contact us immediately and return the e-mail to us by choosing Reply (or the corresponding function on your e-mail system) and then deleting the e-mail.

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

[cid:image001.jpg at 01CFC835.0D3988D0]

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<mailto:tjw at buddbaylaw.com>
Skype: thomas.westbrook
www.buddbaylaw.com<http://www.buddbaylaw.com>

The information contained in this email and attachment(s) are for the exclusive use of the addressee(s) and may contain private, privileged and/or confidential information.  If you are not the addressee, you are strictly prohibited from reading, photocopying, distributing or otherwise using this email or its contents in any way. If you have received this communication in error, please notify us immediately by telephone at 360-352-8311 or by e-mail to reception at buddbaylaw.com<mailto:reception at buddbaylaw.com>, and destroy the original message from your electronic files.

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?

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150814/70ac81b0/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2633 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20150814/70ac81b0/image001.jpg>