[WSBARP] RCW 59.18.650

[Mark Anderson]

As long as we're on the subject of RCW 59.18.650, I faced a new issue in a UD hearing today (at least a new issue for me) when I sought a writ of restitution based on 650(2)(e) (landlord intends to sell).  The tenant was also behind in rent, and so I asked for a monetary judgment for that as well, just as I have in the past.  The commissioner entered an order directing the issuance of the writ, but denied my request for a monetary judgment for the rent, saying I needed to go through the ERPP before getting a judgment for rent.  The commissioner said I should commence a separate civil action for the amount owed.  However, on the order, the commissioner wrote "reserved" on the judgment summary next to the amount I had entered for the overdue rent and prejudgment interest.

The writ has now been issued and is out for service.  I understand that once the tenant is evicted, ERPP is no longer available.  So I'm stuck with a civil action against a deadbeat.  Does the "reserved" language mean I can or should convert the UD action into a civil action for rent?  Or do I have to file anew?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, December 8, 2021 4:17 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 59.18.650(5) agreement and enforcement

Tim, I'll venture a few comments though we all are muddling through this.

The section you quote states:  "(5) Nothing in subsection (2)(d), (e), or (f) of this section permits a landlord to end a tenancy for a specified period before the completion of the term unless the landlord and the tenant mutually consent, in writing, to ending the tenancy early and the tenant is afforded at least 60 days to vacate."

A housing advocate could argue that subsection 5 only addresses the limited situation where the LL wants to sell, wants to move in, or wants to rehabilitate.  So, you may not be able to use this exception where the tenant is behind in rent.  It could be argued that it is against public policy for a LL to strongarm, threaten, coerce a tenant to sign an agreement that short-cuts the new tenant statutory rights.  There was a recent CLE seminar and the question was pitched to the presenters whether it was a violation of the new tenant protections for the LL to make an offer of "cash for keys."  It is my recollection that the presenter shrugged his shoulders and said that a "cash for keys" offer is now against public policy but the answer is not clear.

So, if the LL is trying to use an agreement to vacate for "tenant issues" then I think you may have problems.  But if the T is not in default and the LL goes to the T with hat in hand and wants to terminate the lease early, I think you are on firmer ground.

That's my take which may be worth what you paid for it.


[cid:image001.jpg at 01D7EC59.2B771D30]


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 Timothy Lehr
Sent: Wednesday, December 8, 2021 8:35 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] 59.18.650(5) agreement and enforcement

All,

In conversations with a few of you we've discussed solving tenant issues outside of the eviction process with a private agreement to vacate between LL and T under 59.18.650(5). My question is - If the landlord and tenant mutually consent to a written agreement under that provision, wherein landlord gives tenant 60 days to vacate and tenant fails to do so, can the landlord begin an eviction based on the tenant's failure to comply with the agreement? I have not seen this play out and want to make sure the landlord is protected when signing on to an agreement in lieu of the regular notice and eviction process.

Thanks,

Timothy C. Lehr
Attorney at Law

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