[WSBARP] Notice to Vacate

Tue Aug 11 13:33:08 PDT 2020

Hi there -

I have found similar problems with the word "intent." However, I have been
looking to the local municipal jdx first to determine if they have
their own laws about terminating a month to month for the reason the
property will be demolished, substantially rehabilitated, and/or sold.

In this case, I think you first need to look to state law. RCW
59.18.200(2)(c)(i) actually requires at least 120 day notice to terminate
in some instances. Here's the relevant language:

*(c)(i) Whenever a landlord plans to demolish or substantially rehabilitate
premises or plans a change of use of premises, the landlord shall provide a
written notice to a tenant at least one hundred twenty days before
termination of the tenancy.* This subsection (2)(c)(i) does not apply to
jurisdictions that have created a relocation assistance program under RCW
59.18.440 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.440> and
otherwise provide one hundred twenty days' notice.

(ii) For purposes of this subsection (2)(c):

(A) "Assisted housing development" means a multifamily rental housing
development that either receives government assistance and is defined as
federally assisted housing in RCW 59.28.020
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.28.020>, or that receives
other federal, state, or local government assistance and is subject to use
restrictions.

*(B) "Change of use" means: *(I) Conversion of any premises from a
residential use to a nonresidential use that results in the displacement of
an existing tenant; (II) conversion from one type of residential use to
another type of residential use that results in the displacement of an
existing tenant, such as conversion to a retirement home, emergency
shelter, or transient hotel; or (III) conversion following removal of use
restrictions from an assisted housing development that results in the
displacement of an existing tenant: PROVIDED, That displacement of an
existing tenant in order that the owner or a member of the owner's
immediate family may occupy the premises does not constitute a change of
use.

*(C) "Demolish" means the destruction of premises or the relocation of
premises to another site that results in the displacement of an existing
tenant.*

*(D) "Substantially rehabilitate" means extensive structural repair or
extensive remodeling of premises that requires a permit such as a building,
electrical, plumbing, or mechanical permit, and that results in the
displacement of an existing tenant.*

*(3) A person in violation of subsection (2)(c)(i) of this section may be
held liable in a civil action up to three times the monthly rent of the
real property at issue. The prevailing party may also recover court costs
and reasonable attorneys' fees.*

Then you'd need to check that Kirkland has not passed anything more
stringent (I heard rumors they were working on something there).

So, in this case, if the owner has to rehabilitate or demolish to rebuild,
repurpose, and sell - you'd probably have to advise your client to give at
least 120 days notice and participate in tenant relocation assistance if
the local jdx supports that (like Seattle). However, since the Moratorium
doesn't allow terminations for the specific reason that your clients are
going to rehabilitate and then sell, there's a risk that this would not be
seen as a valid notice. However, I think that if you gave 120 days notice
to terminate for the reason that your client is going to rehabilitate and
then intends to sell - I'm not sure this would be an outright violation
because your client does have an *intent *to sell. But, it would be up to
the Commissioner of the day to decide and it would be up the Attorneys
General Office to decide whether or not to step in and require your client
to rescind their notice.

It could be a moot point in 120 days anyway.

My general suggestion is to submit the notice with a cover letter and offer
a cash-for-keys agreement that is tempting enough for them to take.

I hope this is helpful. I'm aware it's all a mess.

Kaitlyn

On Tue, Aug 11, 2020 at 9:20 AM Terrance Wilson <
Twilson at wilsonlawgroupwa.com> wrote:

> We have a client that owns a 6-unit apartment building in Kirkland which
> will be demolished and the site developed into townhomes.  The current
> tenants in the apartment are all month to month tenancies.
>
> My understanding of the Governor's Proclamation is that it prohibits
> notices to vacate with an exception for cases where the landlord intends to
> sell.  The Proclamation does not elaborate on what it means to intend to
> sell (i.e. timing).  Our client has to build the new townhomes first, but
> certainly intends to sell as soon as they are completed.  How are other
> practitioners handling these situations under the current circumstances?
>
> Best regards,
>
> Terrance Randall Wilson, Managing Partner
>
> Attorney at Law
>
>
> *Wilson Law Group of WA*
>
> (206) 550-3189 - Cell
>
> (206) 805-6238 - Office
>
>
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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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