[WSBARP] WSBARP Digest, Vol 72, Issue 26

Tue Sep 29 12:17:36 PDT 2020

I thought I would throw something out to the group to begin the discussion. We have a client who has a tenant that we served with a vacate notice for failure to pay rent. It was served in March the day before the first proclamation came out that restricted evictions. The tenant was and is, as far as we know, employed by the Department of Corrections, and therefore no financial hardship. During all of this, real estate agents can show properties under certain protocols. Therefore, there was nothing about the pandemic that prevented the tenant from paying the rent or finding alternative housing. She finally moved out in June of her own free will. We have filed a claim against the State of Washington for the rent for April-June. No response yet.       My partner and I have been batting around various theories and have not made a final decision. Takings does not work as it has to be a permanent deprivation. Interference with a contract under the Washington State constitution or a 1984 action is being considered, but we really have no done a complete evaluation yet.       I am wondering if anyone else is started to think about this. I think we have a good fact pattern to show that even if the restrictions have some legal merit, they went too far.
Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com

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Sent: Tue, Sep 29, 2020 12:00 pm
Subject: WSBARP Digest, Vol 72, Issue 26

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Today's Topics:

  1. Notice of sale (Bryce Dille)
  2. Re: Notice of sale (Rowley, Rob)
  3. landlord tenant (John McCrady)
  4. Re: landlord tenant (Eric Lanza)

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Message: 1
Date: Tue, 29 Sep 2020 00:14:26 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Notice of sale
Message-ID: <D754F847-D776-4AF4-B725-16133C9D9176 at dillelaw.com>
Content-Type: text/plain; charset="utf-8"

My client recently sent out a 60 day notice of sale and termination of tenancy with regard to residential occupancy. The tenant complained to the attorney generals office who  Contacted my client concerning the sale and my client advised the attorney general that the property was being sold to a corporation in which he was a 50% stockholder together with another party who won the remaining stock interest. The attorney general said that this was an essence of sale to himself and therefore requested he immediately withdraw the notice of sale. This is a sale to a corporation upon which a substantial excise tax would be paid in which the present landlord is only a 50% owner I saw nothing in the proclamation that would prevent  a evection based on the circumstances please let me know what you thinkAs to the correctness of the Attorney General?s opinion

Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

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Message: 2
Date: Mon, 28 Sep 2020 17:57:34 -0700
From: "Rowley, Rob" <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Notice of sale
Message-ID:
    <CAONTfDn57Myrw3xUE2ZtiaoX8WbwYvKCnqLjGxDFUw+jBLOP7Q at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Doesn't pass the smell test.

I've issued for my landlord clients at least 40+ of the 60 day sale notices
w COVID compliance declaration. Had one set reviewed and approved by an
Assistant AG (in response to an online complaint to the AG's office).

This morning I successfully finished a contested eviction hearing in
Spokane County and had issued the writ based upon an owner sale.  The Judge
put my client under oath to testify about his intent to sell and wanted to
see a copy of the recorded vesting deed and sale details. She said
the bench was looking for pretext evictions.

I had also heard the same thing previously from one of the Spokane
volunteer lawyer program attorneys where he was successfully opposing an
owner who had issued the 60 day notice to occupy a very trashed residential
property in downtown Spokane but who's primary residence just happens to be
a 750k house on the golf course.

On Mon, Sep 28, 2020 at 5:28 PM Bryce Dille <Bryce at dillelaw.com> wrote:

> My client recently sent out a 60 day notice of sale and termination of
> tenancy with regard to residential occupancy. The tenant complained to the
> attorney generals office who  Contacted my client concerning the sale and
> my client advised the attorney general that the property was being sold to
> a corporation in which he was a 50% stockholder together with another party
> who won the remaining stock interest. The attorney general said that this
> was an essence of sale to himself and therefore requested he immediately
> withdraw the notice of sale. This is a sale to a corporation upon which a
> substantial excise tax would be paid in which the present landlord is only
> a 50% owner I saw nothing in the proclamation that would prevent  a
> evection based on the circumstances please let me know what you thinkAs to
> the correctness of the Attorney General?s opinion
>
> Bryce H. Dille
> Dille Law, PLLC
> Office: 360-350-0270
> Cell: 253-579-5561
>
> ** Please note that I use the dictation feature of my iPhone and that
> sometimes everything I say does not get properly translated**
>
> ***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

-- 
Robert R Rowley
Attorney & Counselor at Law
 (509) 252-5074  (509) 994-1143
 (509) 928-3084  rowleylegal.com <http://www.rowleylegal.com/>
 rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>

*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *

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Message: 3
Date: Tue, 29 Sep 2020 09:36:28 -0700
From: John McCrady <j.mccrady at pstitle.com>
To: "WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM)"
    <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] landlord tenant
Message-ID:
    <A8106026B40C9544A17DC5E44A2003EE026F97F09B34 at PSTMAILV.pstitle.com>
Content-Type: text/plain; charset="us-ascii"

Young and broke single mother in Tacoma needs help.  Her former boyfriend has locked her out of the house and she needs to at least get her stuff out of the house.
Does anyone have a reference to a resource that advise her of her rights and a path forward?
I appreciate any leads.
Thanks

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***

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Message: 4
Date: Tue, 29 Sep 2020 17:00:21 +0000
From: Eric Lanza <eric at buzzardlaw.com>
To: "WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM)"
    <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] landlord tenant
Message-ID:
    <MWHPR10MB1775D6B277F3342EA389DCF4B2320 at MWHPR10MB1775.namprd10.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I began my legal career volunteering with the folks at the Housing Justice Project in Tacoma. Someone there may be able to help.

www.Tacomaprobono.org<http://www.Tacomaprobono.org> website
hjp at tacomaprobono.org<mailto:hjp at tacomaprobono.org> Housing Justice Project email

Eric J. Lanza, J.D.

[cid:image001.png at 01D69647.5716BA40]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Tuesday, September 29, 2020 9:36 AM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM) <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] landlord tenant

Young and broke single mother in Tacoma needs help.  Her former boyfriend has locked her out of the house and she needs to at least get her stuff out of the house.
Does anyone have a reference to a resource that advise her of her rights and a path forward?
I appreciate any leads.
Thanks

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.

***Due to the Covid 19 outbreak and with concern for the health and safety of our employees and community; our University Place lobby will remain locked during normal business hours. If you need to make an appointment or have any questions or concerns, please contact us at our main office at 253-474-4747. We appreciate your patience during these uncertain times and look forward to consistently exceeding your expectations.***

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***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.***
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