[WSBARP] UDs and Eviction Notice

[Paul]

Yeah, I know.  I give the same advice when I have the opportunity.  Here, the client just came to me, after the fact. Hence, my question.

From: BryceD at cdb-law.com
To: wsbarp at lists.wsbarppt.com
Date: Fri, 14 Aug 2015 23:25:52 +0000
Subject: Re: [WSBARP] UDs and Eviction Notice









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
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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
 

 
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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