[WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
Kaitlyn Jackson
kaitlyn at dimensionlaw.com
Fri Apr 30 08:52:46 PDT 2021
Would love to hear about it!
Sent from my iPhone
> On Apr 30, 2021, at 8:16 AM, Timothy Lehr <timothy at stileslaw.com> wrote:
>
>
> I have a 60 Day notice that runs out today. I’ll be filing on Monday under that notice and arguing ex post facto application of the law, if it comes up. It would be ridiculous to require LL’s to re-serve if otherwise all laws and moratorium provisions were followed and it’s day 59. However, what I’m hearing coming out of Olympia and courtrooms across the state seems to get more and more ridiculous by the week.
>
> I’m in Skagit County and I’ll let you all know how it goes.
>
> Timothy C. Lehr
> Attorney at Law
>
> <image002.jpg>
>
> p: 360.855.0131
> e: timothy at stileslaw.com
> w: www.stileslaw.com
>
> NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.
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> From: Stephen Brandli <steve at brandlilaw.com>
> Sent: Thursday, April 29, 2021 3:21 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
>
> (1)(b)(ii), (1)(c)(ii), (6)(a): The references to RCW 59.12.040.
>
> Steve
>
> 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 2:54 PM
> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
>
> There was mention of new service requirements in this law. I don’t see it, where has it been hidden?
>
> 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
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com or call 360.683.1129.
>
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
> Sent: Thursday, April 29, 2021 1:55 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
>
> 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
> 2010 Caton Way SW Ste. 101
> Olympia, WA 98502
> Office: 360-350-0270
> Cell: 253-579-5561
>
> ** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
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> Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
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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
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com or call 360.683.1129.
>
>
> 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
>
> <image003.jpg>
>
> Rodgers Kee Card & Strophy, P.S.
> 324 West Bay Drive NW, Suite 201
> Olympia, Washington 98502
>
> Phone: 360-352-8311
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> www.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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> TOM LEE
> Attorney
> R. THOMAS LEE, PLLC | Attorney and Counselor at Law | A Professional Limited Liability Company
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> 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
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> 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
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> 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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