[WSBARP] SB 1236 - Statewide Just Cause

Thu Apr 29 12:41:35 PDT 2021

To parrot what Tom asked, with a twist, client gave the proper 60 day notice and the period has passed, but no unlawful detainer action has been started, do we have to now reserve a 90 day notice?

Jeff

W. Jeff Davis

BELL & DAVIS PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Thursday, April 29, 2021 11:36 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] SB 1236 - Statewide Just Cause

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

Rodgers Kee Card & Strophy, P.S.

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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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