[WSBARP] Bob Ferguson's suit against Landlord

Mon Aug 24 09:17:08 PDT 2020

Kaitlyn,

Here are the two letters with the 10 day language; in the first it says if you don’t comply “you shall receive a Notice to Vacate the Property.”  The second letter states if you do not comply “you may receive a Notice to Vacate the Property.”  I thought part of the moratorium was the Landlord could not threaten an eviction.  

Jeff

From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com> 
Sent: Friday, August 21, 2020 9:17 PM
To: jeff at bellanddavispllc.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Jean M. McCoy <Jean.McCoy at landerholm.com>
Subject: Re: [WSBARP] Bob Ferguson's suit against Landlord

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 <mailto: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 <mailto:Jean.McCoy at landerholm.com> > 
Sent: Friday, August 21, 2020 9:51 AM
To: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> ; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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 <http://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 <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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 <mailto:info at bellanddavispllc.com> 
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC 
130 Andover Park East, Suite 300 | Tukwila, WA 98188

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