[WSBARP] SB 5160 - HB 1236 - Statewide Just Cause
Tom Westbrook
tjw at w3net.net
Sun May 2 11:28:54 PDT 2021
Hello all,
I would like to float an idea out to the collective minds. While this Bill
has been approved to take effect immediately (Section 7, page 19) it is not
retroactive to any time period. Somewhere in my memory bank this means that
any proper action taken before the Bill takes effect is not subject to the
requirements of the new Bill, so 60 day notices under the Governor’s latest
proclamation would be effective and proper even if the date to vacate is
after the effective date.
There must be something I am missing if we have to send out 90 day notices
to replace proper 60 day notices.
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com
Skype: thomas.westbrook
www.buddbaylaw.com
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physical office.
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mail and email, which is the best way to communicate during this period.
s We are still taking new clients but consultations will be telephonic or
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and only if necessary to execute documents.
s Please provide necessary documents to us by scan and email, where
possible, or by mail if not.
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future. We are doing everything we can to maintain the level of service
and professionalism we’ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
We look forward to the soonest possible return to full operations and
continued service to our clients.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Stephen Brandli
*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 <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Jeff at bellanddavispllc.com
*Sent:* Thursday, April 29, 2021 2:54 PM
*To:* 'WSBA Real Property Listserv' <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*
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com
www.bellanddavispllc.com
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*From:* wsbarp-bounces at lists.wsbarppt.com <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>
*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> 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
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
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*From:* wsbarp-bounces at lists.wsbarppt.com <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>
*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
W: (509) 252-5074
M: (509) 994-1143
F: (509) 928-3084
rob at rowleylegal.com
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Jeff at bellanddavispllc.com
*Sent:* Thursday, April 29, 2021 12:42 PM
*To:* 'WSBA Real Property Listserv' <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
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com
www.bellanddavispllc.com
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at info at bellanddavispllc.com or call
360.683.1129.
*From:* wsbarp-bounces at lists.wsbarppt.com <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>
*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
Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com
Skype: thomas.westbrook
www.buddbaylaw.com
The information contained in this email and attachment(s) are for the
exclusive use of the addressee(s) and may contain private, privileged
and/or confidential information. If you are not the addressee, you are
strictly prohibited from reading, photocopying, distributing or otherwise
using this email or its contents in any way. If you have received this
communication in error, please notify us immediately by telephone at
360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the
original message from your electronic files.
COVID-19 UPDATE:
s Rodgers Kee Card & Strophy will no longer maintain “open” hours at the
physical office.
s All the staff is working remotely. We are routinely monitoring our voice
mail and email, which is the best way to communicate during this period.
s We are still taking new clients but consultations will be telephonic or
via video conferencing, and any in-person meetings will be by appointment
and only if necessary to execute documents.
s Please provide necessary documents to us by scan and email, where
possible, or by mail if not.
s We anticipate these changes will be effective for the foreseeable
future. We are doing everything we can to maintain the level of service
and professionalism we’ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
We look forward to the soonest possible return to full operations and
continued service to our clients.
*From:* wsbarp-bounces at lists.wsbarppt.com <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>
*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> 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>
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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Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is
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