[WSBARP] SB 1236 - Statewide Just Cause

[Timothy Lehr]

Is the new 90 Day Notice only when owner intends to occupy OR does it also include the owner’s intent to sell the property? I have about three 60-Day notices currently running based on the sale of the premises and am currently litigating two cases based on the owners intent to sell.

Thanks,

Timothy C. Lehr
Attorney at Law

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From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
Sent: Thursday, April 29, 2021 10:57 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] SB 1236 - Statewide Just Cause

Most of the attorneys I've been speaking with believe that this means that any outstanding 60 days notice are invalid and that a new 90 day notice will need to be served. However, if a case has already been initiated by a 60 day notice, that case should be able to proceed forward.

Also, 1236 requires 60 days notice in order to move forward with an unlawful detainer based on holdover after a lease expires. So for any expired term leases, it looks like this could affect a landlords' ability to move forward based on holdover if the tenant has been there more than a year. Any landlords with lease agreements expiring in less than 60 days may be forced to renew. Does anyone else see that?

On Thu, Apr 29, 2021 at 10:23 AM Tom Lee <rtl at rtleelaw.attorney<mailto:rtl at rtleelaw.attorney>> wrote:
Annie - did anyone share their thoughts on this but not cc the group; or, if privately, would be willing to share?
-Tom

On Tue, Apr 27, 2021 at 5:24 PM Annie Fitzsimmons <atfitz at comcast.net<mailto:atfitz at comcast.net>> wrote:
Property Management Experts -- SB 1236 was passed by both houses and awaits the Governor's signature which is expected later this week.  The bill requires 90 days notice for termination of tenancies for landlord's personal occupancy and for sale.  This, of course, is 30 days longer than required by the moratorium.  The bill has an emergency clause in it and takes effect immediately.

I assume this means that once the bill is signed into law, the 90 day notice will be required even though the moratorium is still in effect and purports to overrule contrary law.  Is that correct?  Is that how we expect courts to interpret and enforce this issue?

Thanks!  Annie

Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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