[WSBARP] commercial unlawful detainer

[Paul Neumiller]

Hey Bryce, I just re-read your post and I thought that the T paid the default in full.  I didn’t pick up the fact that you said the default was in “excess of $35,000”  but the T paid only $35,000.00.  If your Notices and Complaint are all in order, I’d proceed because T is still in default (if that’s what LL wants) and guilty of unlawful detainer (if only for a portion of the rent claimed in the Complaint.)  Hopefully, some else will have actual cases for you.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, November 6, 2017 3:00 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] commercial unlawful detainer

Well, without finding any research of substance when this has come up in the past, I have taken the position that if T cures the default prior to service (even if filed already), then the default is cured.  Once again though, without legal underpinnings.  And, I imagine there would be some judicial hesitancy to evict a T after payment in full prior to an effective service of the summons and complaint.

You might be able to refile (with a new 3-day notice) if you want to try to go after the attorney fees that LL expended in preparing and filing the lawsuit but that will depend on the form of the attorney fees clause.

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Monday, November 6, 2017 2:06 PM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>) <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] commercial unlawful detainer

In a commercial unlawful detainer where back rent is in excess of $35000 if suit is filed and is in the process of being served what is affect if tenant direct wires in $3500 to LL account does LL have to return the funds in order to continue the action.



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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





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