[WSBARP] SB 5160 - HB 1236 - Statewide Just Cause

Thu Apr 29 13:11:49 PDT 2021

I’m reissuing all 60 day notices as new 90 day notices except for the one
case where the 60 days lapsed the day before the new Act.  I immediately
filed the unlawful detainer for sale as a defensive measure to protect this
60 day notice.

I was surprised with no prohibitions on raising rent/fees after June 30. SB
5139 would have capped fees but never made it out of conference.  The
earliest you can give a sixty-day rent increase notice would be July 1.
Because most leases start on the first of the month a rent increase notice
issued on July 1 would only be effective on October 1.  In other words,
rent increases on month to month tenants would be issued effective October
1. [correct my math]

Lest we forget the Governor’s partial veto of funds to the landlords.

https://crmpublicwebservice.des.wa.gov/bats/attachment/vetomessage/1fa08b97-c4a3-eb11-81b2-005056ba1db5#page=1

Attorney Robert R Rowley

W: (509) 252-5074

M: (509) 994-1143

F: (509) 928-3084

rob at rowleylegal.com

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Jeff at bellanddavispllc.com
*Sent:* Thursday, April 29, 2021 12:42 PM
*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] SB 1236 - Statewide Just Cause

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*
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com
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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.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

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Email: tjw at buddbaylaw.com

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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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Thank you,

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