[WSBARP] breach of contract for commercial tenant- Seattle

[Athena Dickerson]

Mark,

Thanks for the response.

If they are still in possession, but my client's action is still breach of contract only (since they don't have the ability to evict as the prior landowner) same analysis, right?

Athena Makratzakis Dickerson
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Monday, December 13, 2021 3:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] breach of contract for commercial tenant- Seattle

This should be a straight civil breach of contract action.  As I understand them, the statutory repayment plans exist to permit tenants to remain in possession while the rent debt is being repaid.  If a tenant moves out, a statutory repayment plan is no longer available nor is it required.

At least that's my take on the subject.

Mark B. Anderson
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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 Athena Dickerson
Sent: Monday, December 13, 2021 1:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] breach of contract for commercial tenant- Seattle

Hi all:

I know the city of Seattle eviction moratorium is in effect, but I have a slightly different situation.  My client (former landlord) is looking to collect on unpaid sums owed them by their former tenant (now a tenant of the new Landlord).   My clients wants to offer a discounted settlement amount to clear the debt, and no eviction action is tied to it.   I assume I am not prohibited from sending this letter since its not an eviction, and its not tied to an eviction.   Further, I don't think I am tied to a repayment plan of 1/3 as if this were an eviction, right?   If we were to file it would be a breach of contract action.   Anyone have any thoughts?

Athena Makratzakis Dickerson
DETHLEFS SPARWASSER<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
REICH DICKERSON PLLC<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,bLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg,,&typo=1>
100 Second Avenue South, Suite 190  I  Edmonds, WA 98020
P  425.776.1352  I  F 425.776.2467
athena at detsparlaw.com<mailto:athena at detsparlaw.com>

This message and the documents attached to it, if any, contains confidential information from DETHLEFS SPARWASSER REICH DICKERSON PLLC, is intended only for the use of the addressee and may contain information that is privileged and confidential under applicable law, and/or may contain attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited.  If you have received this communication in error, please delete all electronic copies of this message and its attachments, destroy any hard copies you may have created and notify our office immediately.

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