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

[Kaitlyn Jackson]

If you're issuing any notices now, you still have to follow the
Proclamation. You have to also comply with the new laws as well.

Rob - I am having a hard time understanding the new requirements for
sending notices of non-renewal. It looks like landlords MUST provide 60
days notice if they are not going to renew a term tenancy that is expiring.
However, a Landlord cannot do so without *cause *if the landlord has
previously renewed the term lease in the past. But if a landlord needs
cause to not renew, and the cause is to sell the property, the cause
requires 90 days notice. So, hypothetically, if the term lease for the
tenants has been renewed twice already and the current term expires June
30, 2021, I can't tell if the Landlord would need to send a 60 day notice
of non-renewal which states the owner intends to sell AND a 90 day notice
to terminate because the owner intends to sell. That seems like it would
confuse the tenant (shoot, it's confusing me).

Does someone have a clear answer here? I'm probably just getting mixed up
trying to digest this all so quickly.

On Thu, Apr 29, 2021 at 1:45 PM Bryce Dille <Bryce at dillelaw.com> wrote:

> In the new statute there was no mention notice had to be given under oath
> as does the Proclamation require until the moratorium ends  landlord or
> agent  gives 90 notice and in an affidavit form?
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
> *Sent:* Thursday, April 29, 2021 1:12 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
>
>
>
> 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
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> 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
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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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> Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.

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