[WSBARP] Growing marijuana a breach of lease?

Fri Nov 26 16:06:29 PST 2021

I think there's grounds for a 10 day notice based on violating the federal
law. Also, if they are growing the marijuana for commercial purposes, then
that could be grounds for another 10 day notice as most well drafted
residential leases specifically prohibit the use of the premises for
commercial purposes.  However, I would also send a cover letter explaining
the "why" this is such an issue for this particular landlord and open the
door to negotiate a mutual termination agreement that gives them at least
60 days to vacate in compliance with RCW 59.18.650(5).

Kaitlyn

On Wed, Nov 24, 2021 at 10:20 AM scott.glen.thomas <
scott.glen.thomas at gmail.com> wrote:

> I agree with Mr. Glasson.  But here is an observation.  This summer I
> defended against an UD arguing that the federal moratorium applied (the
> state moratorium did not.) Two different Skagit judges had no difficulty
> recognizing the federal moratorium, despite OC's forceful arguments.  You
> could conclude either that these judges were respectful of federal law, or
> that they were not interested in evicting my client.  I don't know which
> conclusion is the correct one, and maybe both are.  But I do think judges
> are much more open to tenants' arguments than they once were, at least in
> this neck of the woods.  Have an enjoyable TG.
>
>
>
> Sent from my T-Mobile 4G LTE Device
>
>
> -------- Original message --------
> From: Maxwell Glasson <max at glassonlegal.com>
> Date: 11/24/21 9:53 AM (GMT-08:00)
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Growing marijuana a breach of lease?
>
> Tim,
>
>
>
> My view is that the failure to comply with laws would be grounds for the
> 10-day notice and for UD if they do not comply.  Unless the tenant has a
> cultivator's permit (a commercial use which would also likely be a
> violation) or is a medical patient who voluntarily joined the state
> database (doubtful), they really don’t have any valid objections.  For the
> latter objection, they would likely need to have made a request for
> reasonable accommodation anyhow.
>
>
>
> Regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
> *WA# 51948  NV# 13339  CA# 292356*
>
> THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE
> ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF
> THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE
> NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
> DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
> USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
> STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY
> NOTIFY US AND DELETE THE ORIGINAL MESSAGE.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Timothy Lehr
> *Sent:* Wednesday, November 24, 2021 8:59 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Growing marijuana a breach of lease?
>
>
>
> All,
>
>
>
> Landlord has an issue that I have yet to run into. LL is career military
> and lives in Virginia. He has a rental in WA where the two tenants have a
> small marijuana grow operation in the garage. LL is worried because of
> violations of federal law and doesn’t want to be associated with that to
> protect his career. The lease states that tenants must comply with all
> federal, state and city laws, including the illegal use, possession and
> sale of illegal drugs.
>
>
>
> I haven’t researched the whole state vs. federal law question as it
> applies to marijuana. Does LL have a basis for serving a 10-day notice
> based on the violation of federal law (and in turn violation of lease) when
> marijuana is legal in WA? Even if he does, what are the chances a court
> would actually evict based on that?
>
>
>
> Any thoughts would be appreciated!
>
>
>
> Tim
>
> *Timothy C. Lehr*
>
> Attorney at Law
>
>
>
>
>
> p:   360.855.0131
>
> e:   timothy at stileslaw.com
>
> w:  www.stileslaw.com
>
>
>
> *NOTICE*: The information contained in this email is proprietary and/or
> confidential and may be privileged. If you are not the intended recipient
> of this communication, you are hereby notified to : (i) delete the email
> and all copies; (ii) not disclose, distribute or use the email in any
> manner; (iii) notify the sender immediately. Thank you.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp

-- 

Thank you,

Kaitlyn R. Jackson, Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*

*www.dimensionlaw.com <http://www.dimensionlaw.com/>*

130 Andover Park East, Suite 300, Tukwila, WA 98188

*Please note our office is closed November 24th through November 26th and
December 24th through January 2nd. *

PRIVILEGED AND CONFIDENTIAL:  This email (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this email is prohibited. If you have received
this email in error, please immediately notify us by email, facsimile, or
telephone; return the email to us at the email address below; and destroy
all paper and electronic copies.

*Please note that I will be going on leave starting November 15, 2021
through April 1, 2022, and will not have access to phone or email. Thomas
Morningstar will be managing my cases and can be reached at
Thomas at Dimensionlaw.com. *

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211126/3823049d/attachment.html>