[WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
Kathleen Hopkins
khopkins at rp-lawgroup.com
Fri Apr 30 17:17:01 PDT 2021
Geez, I have a property being rezoned from residential to commercial; term tenancy ending and LL client was willing to allow tenant to continue m-to-m on hard 60 days notice, until zoning finished and he is ready to start construction - but do we dare? that new section 2(m) is awful vague and could screw up our short construction season?
Kathleen J. Hopkins
Real Property Law Group, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, April 30, 2021 8:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
Would love to hear about it!
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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
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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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Thursday, April 29, 2021 2:54 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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
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Sequim WA 98382
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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 1:55 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto: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
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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 Rob Rowley
Sent: Thursday, April 29, 2021 1:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
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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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Thursday, April 29, 2021 12:42 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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
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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 Tom Westbrook
Sent: Thursday, April 29, 2021 11:36 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
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<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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