[WSBARP] 14-day notice and late fees

[Kaitlyn Jackson]

It's my understanding that the statute expanded the definition of "rent" to
include the recurring payments so as to include utilities. So, you are now
allowed to put the utilities (which much be recurring in the lease) on the
14 day notice. As for late fees - those are disallowed on a 14 day notice
but can be put on a 10 day notice. However, you cannot evict solely based
on failure to pay late fees. However, it's also my understanding that late
fees which ARE awarded in an unlawful detainer are limited to $75 dollars.
You have to pursue the rest in small claims court. Usually, the 10 day
notice with the accurate amount of late fees can be used in small claims
court as an exhibit - so I think it's wise to put them all in there and
then apply the $75.00 limit in the judgment based on the statute. However,
all of this is really new - so there may be some nuance that I'm not aware
of at this point.

Kaitlyn

On Fri, Jan 3, 2020 at 4:17 PM Timothy Lehr <timothy at stileslaw.com> wrote:

> All,
>
>
>
> From my reading of the new RLLT Act provisions, a 14-day notice to pay or
> vacate can only include late “rent” payments, which may include reoccurring
> periodic payments such as utilities. PC added late fees on the face of his
> notice. Even though those are “reoccurring” in the event of nonpayment of
> rent, my understanding is late fees are categorically excluded and cannot
> be added to the 14 day notice. Am I correct?
>
>
>
> Additionally, assuming late payments cannot be included on the notice, can
> you ask for them in the unlawful detainer complaint or can those now only
> be sought after in a small claims action?
>
>
>
> Thanks and have a great weekend,
>
> Tim
>
>
>
> *Timothy C. Lehr*
>
> Attorney at Law
>
> Stiles Law Inc., P.S.
>
>
>
> p:   360.855.0131
>
> e:   timothy at stileslaw.com
>
> w:  www.stileslaw.com
>
>
>
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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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