[WSBARP] Notice of Rent Increase for Commercial Month to Month Lease

Mon Feb 24 12:26:13 PST 2020

I have a commercial client who is behind in rent.  Without notice she was locked out last week.  There is no lock out provision in the lease which term is up and therefore my client is on a month to month basis.  I take it if the LL gives her a notice that she will have 3 days?:  I would like to threaten loss of business damages etc.  Any way she would get to insist on a 20 day notice?

59.12.030
(3) When he or she continues in possession in person or by subtenant after a default in the payment of rent, and after notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, served (in manner in RCW 59.12.040 provided) on behalf of the person entitled to the rent upon the person owing it, has remained uncomplied with for the period of three days after service, or for the period of fourteen days after service for tenancies under chapter 59.18 RCW. The notice may be served at any time after the rent becomes due. For the purposes of this subsection and as applied to tenancies under chapter 59.18 RCW, "rent" has the same meaning as defined in RCW 59.18.030;

Josh
Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Paul Neumiller 
Sent: Thursday, February 20, 2020 11:37 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] Notice of Rent Increase for Commercial Month to Month Lease

Roger, what is the legal foundation for requiring a “month’s notice” in a month-to-month commercial lease?  I am unable to find anything in Chapter 59.12 addressing an increase in rent so I would think that the situation would default back to RCW 59.12.30(2) which requires only a 20-day notice to terminate a month-to-month commercial lease.  Surely, if a LL has the right and power to terminate a commercial month-to-month lease on a 20 day notice, the LL has the right and power to increase the rent under the same circumstances? 

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Moss
Sent: Thursday, February 20, 2020 9:54 AM
To: jeff at bellanddavispllc.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Notice of Rent Increase for Commercial Month to Month Lease

Yes, landlord must give a month’s notice. They could also use a significant dose of landlord best practices training.

What you describe is ugly and stupid. I write that as someone who managed vast portfolios of commercial space for 30 years, and now help tenants and landlords “do the relationship.” 

If they want this tenant gone so they can re-merchandise the building, they should terminate the agreement. On proper notice. If by any chance they think the tenant adds value to the property and just wants to increase revenue, then they should get help with asset strategic review and leasing strategy.

Roger A. Moss, Esq. 

Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com

Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone. 

  On Feb 20, 2020, at 9:32 AM, Jeff Davis <jeff at bellanddavispllc.com> wrote:

  Listmates:

  Client occupies a commercial space under a poorly written month to month lease which is silent as to rent increases.  Old landlord sold building.  New Landlord wants to substantially increase rent starting March 1, 2020 but has not said how much, but that they want to make the adjustment by end of February.  I always thought Landlords had to give at least 30 days’ notice of a rent increase so the Tenant had time to vacate.  There is nothing in RCW 59.12 addressing that point and my quick case research turned up nothing.  Have any of you had experience with this?

  Jeff

  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

  ***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

--------------------------------------------------------------------------------
***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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200224/d3cc6b5f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200224/d3cc6b5f/advocates3.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 12625 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200224/d3cc6b5f/image002.jpg>