[WSBARP] Commercial Eviction Question

[Spencer Stromberg]

The 10-day notice only provides a basis for UD if the same violation recurs
within the 10 days following service of the notice. The statute doesn't
specify how long the landlord has to evict the tenant after the
re-occurrence of the violation, but I think the tenant will likely
(successfully) argue that accepting rent for multiple months in the interim
effectively waived the notice. There's probably case law on this issue. I
think a new 10-day will need to be issued - which is a lot better than
filing for UD and losing on the old notice.

On a related topic, does the lease have a clause making multiple notices
for the same type of violation an incurable default? e.g. three 10-day
notices for the same type of violation within any 12-month period. I
generally find that 10-day notices are pretty toothless without such a
clause in the lease. The UD is pretty easy after the incurable default term
has been triggered, though.

Spencer A. W. Stromberg
Attorney at Law

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On Thu, Feb 15, 2018 at 4:21 PM, Scott Hildebrand <
scott at starboard-strategies.com> wrote:

> All
>
> I have a client who wants to get a tenant out. They have not complied with
> the lease in terms of opening, garbage disposal, etc. My client served a 10
> day notice on them in October. If memory serves, preliminary notices can
> only be the basis of an unlawful detainer for a given period of time. Am I
> outside that period, and does a fresh notice have to be served to start a
> UD???
>
>
>
> Thank you,
>
> Scott Hildebrand
>
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