[WSBARP] SB 1236 - Statewide Just Cause

Tom Westbrook tjw at w3net.net
Thu Apr 29 11:36:13 PDT 2021


Wait, what? You mean that if you gave a proper 60 day notice prior to
adoption of the bill but the date to move out is after the effective date
of the bill then you have to start over with a new 90 day?



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law





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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Kaitlyn Jackson
*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> 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>
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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