[WSBARP] SB 1236 - Statewide Just Cause
scott at scottgthomaslaw.com
scott at scottgthomaslaw.com
Fri May 7 08:14:31 PDT 2021
If the Legislature is in session, the Governor has five days (excluding Sundays) to take action on a bill unless the Legislature is within five days of adjournment, in which case the Governor has 20 days after adjournment to act on a bill. “Acting” on a bill means that the Governor either signs the bill, veto a section of the bill, or vetoes the entire bill (if the bill is a budget, the Governor may use a line item veto). After these deadlines, all bills the Governor has not acted upon automatically become law. Art. 3, section 12.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of johnl at ollps.com
Sent: Thursday, May 6, 2021 4:25 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] SB 1236 - Statewide Just Cause
I have an interest in several bills that show, as of now, that the Governor has not signed them. I understand that even if not signed, the bills “may” become law without signature. Can anyone explain this?
JOHN H. LOEFFLER
OLSON LOEFFLER LAW GROUP, P.S.
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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 Rani K. Sampson
Sent: Thursday, May 6, 2021 3:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] SB 1236 - Statewide Just Cause
It must be signed within 20 days after the legislative session ends, so I would expect to see it signed by about May 12.
Rani K. Sampson
Overcast Law Offices | Attorney
23 S Wenatchee Ave #320, Wenatchee WA 98801 | (509) 663-5588 x 6
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 Kaitlyn Jackson
Sent: Thursday, May 6, 2021 12:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] SB 1236 - Statewide Just Cause
We can't really "know." With 5160 he didn't let anyone know it was signed until 4 days after he signed it. So it was essentially retroactively applied. So he might have signed it and has not released the information yet that he's signed it.
On Thu, May 6, 2021 at 12:43 PM Kary Krismer <Krismer at comcast.net <mailto:Krismer at comcast.net> > wrote:
I'm not sure how quickly these pages are updated, but this indicates it's not signed yet.
https://app.leg.wa.gov/billsummary?BillNumber=1236 <https://app.leg.wa.gov/billsummary?BillNumber=1236&Year=2021&Initiative=false> &Year=2021&Initiative=false
Kary L. Krismer
206 723-2148
On 5/6/2021 12:32 PM, Bryce Dille wrote:
Has this been signed by governor?
Bryce H. Dille
Dille Law, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> <mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Thursday, April 29, 2021 11:46 AM
To: WSBA Real Property Listserv <mailto:wsbarp at lists.wsbarppt.com> <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] SB 1236 - Statewide Just Cause
Here's the bill language as passed for 1236 (Just Cause).
I highlighted three (3) things: The 90 day language for sale, the 90 day language for personal occupancy; and the emergency provision which specifically states it takes effect IMMEDIATELY.
Enjoy.
On Thu, Apr 29, 2021 at 11:39 AM Tom Westbrook <tjw at w3net.net <mailto:tjw at w3net.net> > wrote:
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.
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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 Kaitlyn Jackson
Sent: Thursday, April 29, 2021 10:57 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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 <mailto: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 <mailto: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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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.
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