[WSBARP] Landlord tenant issues with DRC, repeat nonpayment offenders

[Paul Neumiller]

And issue No. 3.  Our local DRC insists that it is soooo swamped that they don’t have the time yet to issue the Certificate of Participation so the LL can proceed in court when the T blows the entire process off and doesn’t respond to the re-payment plan offer or the multiple 14-day notices.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Tom Lee
Sent: Monday, December 6, 2021 10:52 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlord tenant issues with DRC, repeat nonpayment offenders

Colleagues,

Below are two issues that myself and fellow landlord attorneys are dealing with. I would greatly appreciate my fellow brain trusts input (especially yours, Kaitlyn Jackson!):


  1.  The (jurisdictional) DRC refuses to make any record or give a certificate if the parties reach an agreement.  So there is no record of doing the ERPP except from the Landlord or attorney.  What are other jurisdictions encountering for an "official record"  that reiterates the rental amount and due date of a payment, and maybe the fact that the parties reached this agreement after the Tenant had been served with a 14day notice and ERPP notification?
  2.  The issue of repeat offenders – the Tenant is served with a 14 day notice and ERPP – Tenant agrees to may the statutory 1/3 rd payment along with the regular rental payment.  Then Tenant defaults and does not make the payment – 5160 says you can file a UD but you must comply with ERPP provisions of 5160 – so you serve another 14 day notice along with ERPP and Tenant agrees yet again to pay the rent along with 1/3 payment (this is the 2nd time).  Due to the success of the mediation (tenant agreeing to pay the 1/3) no certificate is provided.  Tenant defaults on payment yet again – now, how many times do you have to keep going through this process and Tenant failing to comply with the terms of the repayment, before you can actually file a UD?

--

TOM LEE

Attorney

R. THOMAS LEE, PLLC | Attorney and Counselor at Law | A Professional Limited Liability Company

Direct: 425-219-6736

rtl at rtleelaw.attorney<mailto:rtl at rtleelaw.attorney> | website: www.rtleelaw.attorney<http://www.rtleelaw.attorney>

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