[WSBARP] 60 Day Notice supplemental?

[Tom Westbrook]

Hi Timothy,



Katelyn is a great resource, so I hope you and she have talked. I would
expect you are okay since you followed the proclamation at the time, but I
have also learned that Judges sometimes have other ideas. I remember
somewhere that unless a new law is specifically set out as retroactive,
then it does not have retroactive application.



It is kind of like Star Trek these days – To Boldly Go Where No One Has
Gone Before.



It would be great if you could keep us all in the loop as you work this one
out.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





Rodgers Kee Card & Strophy, P.S.

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Timothy Lehr
*Sent:* Thursday, November 12, 2020 11:05 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] 60 Day Notice supplemental?



All,



Client served  on tenants a 60-Day Notice to Terminate with Intent to Sell
back in September when Proclamation 20-19.3 was in effect. Notice gave all
sufficient verbiage and references to the moratorium and Gov’s proclamation
at the time. 60 days has now expired and client wants to move forward with
eviction proceedings based off of the notice. I know the latest
Proclamation requires the 60 Day notice to be in the form of an affidavit
under penalty of perjury signed by property owner, which was not included
in 19.3, which we based our notice on.



Any thoughts on whether any supplemental notices, affidavits, etc. should
be served on tenants prior to filing summons and complaint in order to
comply with current proclamation – or whether we are covered under the
previous proclamations requirements? I want to foreclose any arguments for
insufficient notice before spending my client’s money.



Thanks for your insights and thoughts!



*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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