[WSBARP] Bob Ferguson's suit against Landlord

Fri Aug 21 21:17:18 PDT 2020

Jeff -

If the landlord issued a 10 day notice but did not include vacate language,
what was the threat in the 10 day? Was it just to document that the tenants
were not complying with the lease terms?

Kaitlyn

On Fri, Aug 21, 2020 at 10:22 AM Jeff Davis <jeff at bellanddavispllc.com>
wrote:

> Thank you all for your responses.  This is interesting.  My Tenant clients
> were threatened twice with ten-day notices to comply with lease terms or
> face eviction. Clients filed a complaint with the AG’s office, who promptly
> called the Landlord’s attorney who “assured” the AG that Landlord had no
> intent to evict.  (then why the 10-day notices?).   Here is the AG’s
> response to the Tenants:
>
>
>
> We received your complaint at the Attorney General’s Office.  I contacted
> the attorney for the landlord.  He indicated that he is aware of the
> prohibition on evictions and he did not intend to evict you while the
> moratorium is in place.  That said he has given you a notice of intent to
> sell which fits an exemption that allows the landlord to evict you if you
> are given  60 days to vacate and you do not vacate.  The notices of default
> that you received are not  violations of the moratorium.  You must work
> through the alleged breach issues with the landlord.  I will close this
> matter, but if issues arise relating to eviction, give me a call.
>
>
>
>
>
> I questioned the AG about that and here is his response because the
> moratorium prohibits a “notice to comply or vacate”.  His response to me
> was:
>
>
>
> The attorney assured me he will not issue a notice to vacate, which is the
> primary concern of the Executive Order and the role of our office in
> enforcing the order.  Our role is to bring parties into compliance with the
> order.  Your client will not be evicted for default so long as the
> moratorium is in place.   If there are other landlord tenant issues that
> need to be resolved, you will need to address them.
>
>
>
> So I guess Landlord’s are only prohibited from threatening to evict for
> non-payment of rent; every other threat is fair game!
>
>
>
> The Tenants, here, are under a one year lease and they are current in
> their rent payments.
>
>
>
> Jeff Davis
>
>
>
>
>
> *From:* Jean M. McCoy <Jean.McCoy at landerholm.com>
> *Sent:* Friday, August 21, 2020 9:51 AM
> *To:* jeff at bellanddavispllc.com; WSBA Real Property Listserv <
> wsbarp at lists.wsbarppt.com>
> *Subject:* RE: [WSBARP] Bob Ferguson's suit against Landlord
>
>
>
>
>
> Here is the link:
>
>
>
>
> https://www.atg.wa.gov/news/news-releases/ag-ferguson-sues-idaho-property-management-company-threatening-low-income
>
>
>
>
> *Jean M. McCoy | Attorney at Law *
>
> 805 Broadway Street, Suite 1000
> P.O. Box 1086
> Vancouver, WA 98666-1086
> T: 360-816-2526 | T: 503-283-3393 | F: 360-816-2527
> www.landerholm.com
>
>
> *Landerholm, P.S. is committed to following the recommendations and
> requirements regarding COVID-19 as outlined by various government
> agencies.We are working and available to assist you by phone, video
> conferencing and through email. For the time being we’ve modified our daily
> operations but closed our office to the public.*
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Jeff Davis
> *Sent:* Friday, August 21, 2020 9:37 AM
> *To:* 'Real Property List' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Bob Ferguson's suit against Landlord
>
>
>
> Listmates,
>
>
>
> I am told an email was sent out which disclosed that the Attorney General
> had sued a Landlord for violating the Governor’s moratorium.  I did not see
> the email.  Does anyone have any details about the lawsuit, like the
> underlying facts?
>
>
>
> Jeff Davis
>
>
>
> W. Jeff Davis, Esq.
>
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com  or call
> 360.683.1129
>
>
>
>
>
> --------------------
> This e-mail message (including attachments) is for the sole use of the
> intended recipient(s). It contains confidential,
> proprietary or legally protected information which is the property of
> Landerholm, P.S. or its clients. Any unauthorized
> disclosure or use of the contents of this e-mail is strictly prohibited.
> If you have received this e-mail in error, notify the sender
> immediately and destroy all copies of the original message.
> --------------------
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp

-- 
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

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200821/02da066f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 5845 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200821/02da066f/image001.jpg>