[WSBARP] Retroactive application of HB 1236 re Notice

[Timothy Lehr]

All,

I have an upcoming hearing where the issue is one that I've been interested to see how courts are deciding it. That is, if we don't reach an agreement first.

LL served a 60 day notice of intent to sell on T before HB 1236 was signed into law. Normally I would have advised LL to supplement the notice to comply with the new 90 day requirement, but LL didn't come to see me until the 11th hour and a sale is set to close. Anyway, a complaint was filed based on T not vacating by the 60 days. The obvious question is whether HB 1236 retroactively applies to notices served under good law before it was enacted. HB 1236 does not expressly say it applies retroactively, as the legislature has does in the past with other statutes (RCW 49.62). I've also found a line of cases discussing when a statute or amendment to a statute applies retroactively.

I've seen letters sent out from the NW Justice Project on behalf of tenants plainly stating that 60 day notices are ineffective due to the new law, but I've never seen an actual argument based in law.

I'm wondering if anyone has litigated this issue yet and how it turned out or heard about how courts are approaching it? I imagine there are numerous situations similar to this that have occurred recently.

Thanks,

Timothy C. Lehr
Attorney at Law

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e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
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