[WSBARP] Landlord Question

Tue Dec 15 11:07:25 PST 2020

Yes, where are the lawyers defending the right to contract? (Or, yea, my 
law professor said that somehow that disappeared from the constitution.)

K. Garl Long

On 12/15/2020 10:53 AM, Jennifer L White wrote:
>
> Rob,
>
> I’m curious if any of you LL/T gurus and/or real property litigators 
> are considering filing some kind of action or class action on a 
> constitutional takings basis? It seems to me that the government has 
> turned private landlords into unwilling purveyors of public housing. 
> All of these regulations/laws were hastily conceived and handed down 
> by fiat. The result has been a tremendous and concentrated loss to 
> private property owners. Perhaps it has to play out further? Have to 
> wait to quantify the exact loss when the moratoriums end and you work 
> through getting them out under all of these onerous “drag it out” 
> policies benefiting only tenants? We all know that deadbeat tenants 
> are never going to pay up even a tiny fraction of what they owe. That 
> is but a legal illusion of justice for the property owners.
>
> Jennifer L. White, Esq.
>
> jen at appletreelaw.com <mailto:jen at appletreelaw.com>//
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rowley, Rob
> *Sent:* Tuesday, December 15, 2020 6:49 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question
>
> As I tell my landlord clients we lawyers don't like guaranteeing 
> anything but there is one thing I will guarantee is that the 
> Governor will extend the moratorium sometime into 2021.
>
> Also, I suspect that Pres. Biden (once in office) will also extend the 
> CDC moratorium which is scheduled to lapse on December 31 which is 
> only for nonpayment of rent.
>
> You also have to look at your local county to see if they are part of 
> the Eviction Resolution Program.  Spokane County where I am based out 
> of is a part of the ERP and eventually once the moratorium is lifted 
> we have to participate in the program.
>
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
> Also, the upcoming legislative session has a number of bills which 
> will be filed which will essentially make it near impossible to evict 
> a for rent (or anything) anytime soon (month to month goes away for a 
> while). Who knows what actually will pass as law is a different 
> question.  Two things that you never want to see being made is sausage 
> and law.
>
> Summary:
>
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
> If I'm a betting man I would say the Legislature will pass some very 
> tenant friendly provisions tied to the governor lifting the 
> moratorium.  In other words, let the Legislature take the flak from 
> those unpaid landlords.
>
> Interesting times we live in.
>
> Rob Rowley
>
> Spokane
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal 
> <attorney at sangeetasaigal.com <mailto:attorney at sangeetasaigal.com>> wrote:
>
>     Hello Landlord Gurus,
>
>     I understand that there is a moratorium against evictions until
>     December 31^st .
>
>     According to how I understand the proclamation this moratorium
>     applies to tenants who have lost their jobs or source of income
>     related to Covid.
>
>     Question:
>
>     If a residential tenant has not lost their source of income ie. On
>     govt assistance and they are not paying the rent does the
>     moratorium against no eviction rule apply to them.
>
>     How best to approach such tenant who seems to be taking advantage
>     of the moratorium.
>
>     Any advice would be really appreciated.
>
>     Sangeeta
>
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>
> -- 
>
> 	
>
> *Robert R Rowley*
> Attorney & Counselor at Law
> (509) 252-5074 <tel:%28509%29+252-5074>(509) 994-1143 
> <tel:%28509%29+994-1143>
>  (509) 928-3084 rowleylegal.com <http://www.rowleylegal.com/>
> rob at rowleylegal.com <mailto:rob at rowleylegal.com>
> Helping You Protect What Matters Most
> <https://www.facebook.com/rowleylegal><https://www.twitter.com/ROBERTRROWLEY>
>
> /Practice concentrated on business, real estate and general legal 
> matters in Washington and Idaho. /
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