[WSBARP] Commercial Lease eviction

[Lenard]

Some cases to review to see if they fit your situation:

An unlawful lockout of a tenant by a landlord breaches the tenant’s right to quiet enjoyment of the premises.  Landlord who wrongfully evicts tenant has breached the lease and, therefore, is not entitled to recover rent due after the breach and is liable for any damages caused by the breach.  Olin v. Goehler, 39 Wn.App. 688, 694 P.2d 1129 (1985).  See also Aro Glass & Upholstery Co v. Munson-Smith Motors, Inc., 12 Wn.App. 6, 528 P.2d 502 (1974) on constructive eviction and damages, and see Cherberg v. Peoples National Bank of Washington, 15 Wn.App. 336, 549 P.2d 46 (1976) on covenant of quiet enjoyment.

 

Lenard L. Wittlake, PLLC

Attorney & Counselor at Law

22 E. Poplar Street, Suite 200

P.O. Box 1233

Walla Walla, WA  99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:lenard at wittlakelaw.com> lenard at wittlakelaw.com

 <http://www.lwattorney.com/> www.lwattorney.com

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Tuesday, November 21, 2017 8:00 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Commercial Lease eviction

 

At least 20 to the end of the lease period, typically the end of the month…

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, November 20, 2017 3:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Commercial Lease eviction

 

My tenant client has now been locked out.  LL refused tender of lease rent twice.

 

Does a landlord need to give a 30 day notice to terminate an oral month to month commercial lease under :

 


RCW 59.04.020


Tenancy from month to month—Termination.


When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of thirty days or more, preceding the end of any of said months or periods, given by either party to the other.

 

or 20 days:

under


RCW 59.12.030


Unlawful detainer defined.


A tenant of real property for a term less than life is guilty of unlawful detainer either:

(2) When he or she, having leased property for an indefinite time with monthly or other periodic rent reserved, continues in possession thereof, in person or by subtenant, after the end of any such month or period, when the landlord, more than twenty days prior to the end of such month or period, has served notice (in manner in RCW 59.12.040 provided) requiring him or her to quit the premises at the expiration of such month or period;

 

From: Josh Grant <mailto:jgrant at accima.com>  

Sent: Monday, November 20, 2017 10:21 AM

To: wsbar <mailto:wsbarp at lists.wsbarppt.com>  

Subject: [WSBARP] Commercial Lease eviction

 

Small businessman (car repair) rented for about 6 months, never got a written lease out of owner.  Owner decided to cancel lease and only gave client 3 days.  Client tendered the rent and that was refused and owner has changed the locks.

On a verbal month to month commercial lease, can we threated owner with anything?

 

Josh

 

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734

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