[WSBARP] I-502, Cannabis and Commercial Unlawful Detainers RCW 59.12

[Josh Grant]

An agricultural tenant gets another harvest (usually a year) if the tenant is not notified that the lease is terminated after a certain date in the calendar year (I don’t remember what the statutory date is).. this assumes that the reason for the UD was just simply end of a lease term.  Not sure if this is an agricultural crop...

From: Jeanne Dawes 
Sent: Friday, May 06, 2016 6:59 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] I-502, Cannabis and Commercial Unlawful Detainers RCW 59.12

Rob, would it be considered an agricultural operation?  If so the laws governing agricultural operations may apply.  i.e., can only terminate lease after harvest, and the notice requirement I believe is 6 months or a year.  I’d have to look it up. 

Jeanne 

 

Jeanne J. Dawes

Attorney at Law

Gore & Grewe, P.S.

103 E. Indiana Avenue, Suite A

Spokane, WA 99207-2317

Voice:  509-326-7500

Fax:      509-326-7503

jjdawes at goregrewe.com

INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL. 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Thursday, May 05, 2016 2:55 PM
To: WSBA RPPT <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] I-502, Cannabis and Commercial Unlawful Detainers RCW 59.12

 

Curious to hear what your experiences have been with commercial evictions where the subject property holds marijuana/cannabis and there has been a default by the tenant.  Landlord commences the unlawful detainer and the tenant raises an argument that the landlord can't immediately proceed to obtain a writ of restitution as the landlord would be committing a felony because the landlord would also be taking possession of marijuana plants inside of the building (without being licensed by the state). I have lots of commercial landlords and have dealt with various commercial leases dealing with I-502. 

 

I was in court this morning and was waiting my turn on the show cause unlawful docket (residential) and was intently listening to a similar argument being pitched by another attorney to the judge who agreed to a two week continuance to allow counsel for both landlord and tenant to attempt to work something out.  In the alternative, they would be back on the docket to better brief the court on the issue and conduct the show cause hearing.

 

Curious how the judges and bar are handling these types of matters.

 

Also, is there a mechanism with the Liquor and Cannabis Control Board for these issues.

 

Robert R. Rowley | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com

 

Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

 



 

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