[WSBARP] Landlord Question

Tue Dec 15 11:34:28 PST 2020

There was a case filed that I believe was thrown out.  Judge ruled that the landlord was not denied rent, just delayed in collecting it.  Yeah right we will never see it.   I think there is another case right now with Plaintiffs out of Yakima.  Not sure the status of that.  May have been brought in Federal Court.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of K. Garl Long
Sent: Tuesday, December 15, 2020 11:07 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Jennifer L White <jen at appletreelaw.com>
Subject: Re: [WSBARP] Landlord Question

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.
[cid:image002.jpg at 01D6D2D6.3E46CCF0]

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto: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><mailto: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 31st.

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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