[WSBARP] UDs and Eviction Notice

Sat Aug 15 10:45:39 PDT 2015

That is what I have done in the past and will continue to do now so I consider this mostly an intellectual discussion.     That said, it adds an extra consideration to drafting leases.  It is my understanding that attorneys, myself included, add the "rent for hold-over period" so we can charge rent while the T is holding over.  But that seems to put the client in a catch-22 situation, because adding that language automatically kicks the lease into a rolling month-to-month lease and prevents the LL from evicting the T under RCW 59.12.030(1) (i.e., the expiration the term of the lease.)  Regarding not giving notice, while I might not win in front of a judge who doesn't want to follow the law, I certainly can make a straight face argument that the T knew it was a year lease, signed a year lease, should be expected to move out at the end of a year, and LL shouldn't be obligated to give the T a notice to move out after a year for a one year lease.  
Additional, it seems counterintuitive to me to give a 3-day pay or quit notice to a T under these circumstances (the year is up and LL hasn't accepted rent for the next month) when the LL doesn't want the T to "pay."  The LL only wants the T to "quit."  
And some of you might think that a LL should give a 20 day notice prior to the end of the one-year lease but any time prior to the end of the lease is still under the original term of the lease and not under the month-to-month terms of the lease yet. So, the twenty-day notice should be ineffective because the parties were not operating under the terms of the month-to-month lease at the time the notice was given.  

From: mfry at lyon-law.com
To: wsbarp at lists.wsbarppt.com
Date: Fri, 14 Aug 2015 23:24:54 +0000
Subject: Re: [WSBARP] UDs and Eviction Notice

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.

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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

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tjw at 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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