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

[Tom J. Westbrook]

This may sound crazy, but if what you want is to get them out and they are thinking about bankruptcy, pay them to get out. They may need the money and you get the space back…………

 

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 David Faber
Sent: Thursday, June 25, 2015 3:47 PM
To: wsbarp
Subject: [WSBARP] Commercial Unlawful Detainer - Some Sticky Points...

 

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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