[WSBARP] does Governor Inslee's Covid moratorium prohibit evictionof a commercial tenant for non-payment of rent

[Carl Gay]

Dear Josh,

You may have an ethical duty of candor toward the tribunal (RPC 3.3 (a)(3)) to point-out to the superior court the doctrine of impossibility, impracticability, and frustration of purpose.

Restatement (Second) of Contracts section 261 (1981) and 25 Wash. Prac., Contract Law and Practice Section 10.16 (3d. ed.).

Does your client’s commercial lease include a Force Majeure clause?

 

CARL LLOYD GAY

 

Non nobis solum nati sumus

     “Not unto ourselves alone are we born” 

           ~the motto of Willamette University~

             

GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:carl at greenawaylawfirm.com> carl at greenawaylawfirm.com

Telephone               (360) 452-3323                                                                                                                                                   

Facsimile                  (360) 452-3724 

 

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From: Josh Grant [mailto:jgrant at accima.com] 
Sent: Monday, December 28, 2020 12:41 PM
To: carl at greenawaylawfirm.com; WSBA Real Property Listserv
Subject: Re: [WSBARP] does Governor Inslee's Covid moratorium prohibit evictionof a commercial tenant for non-payment of rent

 

I am hoping that, because it is a commercial lease, that the moratorium has nothing to do with your situation.  Would love to be corrected as I have a case just like it and we have given the notice to pay or vacate and we are headed to Superior Court.

Josh

 

Joshua F. Grant
advocates
P. O. Box 619
Wilbur, WA 99185
509 647 5578

 

From: Carl Gay 

Sent: Wednesday, December 23, 2020 4:34 PM

To: 'WSBA Real Property Listserv' 

Subject: [WSBARP] does Governor Inslee's Covid moratorium prohibit evictionof a commercial tenant for non-payment of rent

 

Dear Colleagues,

Client has a long-term lease for a store which has not been allowed to open under the current economic shutdown.

Landlord served a notice of lease termination because the rent is in arrears.

Before I sit down to study the latest iteration of the Moratorium, I would appreciate some quick guidance from colleagues who are working in this legal field.

Many thanks.

Best regards,

Carl Gay

 

 

CARL LLOYD GAY

 

Non nobis solum nati sumus

     “Not unto ourselves alone are we born” 

           ~the motto of Willamette University~

             

GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                      carl at greenawaylawfirm.com

Telephone               (360) 452-3323                                                                                                                                                   

Facsimile                  (360) 452-3724 

 

THIS EMAIL TRANSMISSION IS INTENDED FOR THE EXCLUSIVE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN PRIVILEGED AND CONFIDENTIAL INFORMATION THAT IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT (18 USC §§ 2510-2521). IF YOU ARE NOT THE INTENDED RECIPIENT OR AGENT RESPONSIBLE TO DELIVER THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR; PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND/OR EMAIL AND DELETE THE ORIGINAL MESSAGE. THANK YOU 

 

  _____  

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