[WSBARP] Commercial Unlawful Detainer - Some Sticky Points...

[David Faber]

Good afternoon WSBARP Listmates,

I represent a client/landlord in a commercial unlawful detainer. The
original unlawful detainer was filed on a variety of grounds including
failure of the tenant to make various payments and reports to my client.
The tenant made payment in all the amounts then owing that we could specify
but thereafter failed to make rent and utility payments. At a Show Cause
last week, the Judge would not rule on their failure to make payment on a
new 3-Day for the unpaid rent because it wasn't in the original complaint
and now amending the complaint, serving the complaint, and setting a new
show cause would appear to push us out weeks.

The tenant's attorney just emailed me to let me know that the tenants have
met with a bankruptcy attorney who advised them not to make any other
payments. The tenant's attorney has also just informed me that the tenants
are not planning to vacate for at least a few weeks. Accordingly, we have
an admission by the party opponent that they're in violation and they
intend to remain in violation of the rental agreement, all while refusing
to vacate the premises.

My client wants to move faster than this situation appears to allow us to
move. Any advice from listmates? Oh, and a further sticky situation is that
we're in a one-Superior Court judge county with two commissioners and one
of the commissioners is representing the Defendant and the judge and other
commissioner have been conflicted out, meaning we might have to wait more
than a month to get in front of a visiting judge.

Any advice would be very much appreciated. My client is losing her mind and
so am I.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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