[WSBARP] Limitations on Residential Unlawful Detainers

[Josh Grant]

I think you can put all rent that is lawfully owing in your notice, so the statute of limitations would seem to be the only limit.

From: Danielle Flatt 
Sent: Tuesday, January 27, 2015 1:51 PM
To: WSBA Real Property Listserv 
Subject: [WSBARP] Limitations on Residential Unlawful Detainers

Good Afternoon Listmates,


Are there limits as to how far back actions for unpaid rent (3 Day Notices) or unpaid non-rent obligations (10 Day Notices) can go?

I'm thinking of the situations where a landlord tries to solve the problem itself and waits longer than it should before calling a lawyer to start the unlawful detainer, such as by writing letters and making phone calls to the tenant for the unpaid obligations.  I've seen situations where tenants are more than a year behind on their rent before the owner realizes it can't be handled pro se.

Is there an actual limit on how far back the notice can go before the landlord is deemed to have waived his rights?  Or a limit beyond which the pre-eviction notice would be considered defective?  I could not find authority on this issue.


Best Regards,


DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC 
1900 S Puget Dr, Suite 203 | Renton, WA 98055
t: 206.973.3500 ext 202   |   f: 866.696.0892  | e: danielle at dimensionlaw.com | www.dimensionlaw.com

  
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