[WSBARP] Crazy ULD Commissioner

[Maxwell Glasson]

Strange.  The proclamation itself allows for all other unlawful detainer actions other than if it is based upon debt that accrued during the pandemic.  Was the commissioner somehow trying to tie the “economic reason” to past rent owed?


“PERMISSIBLE UNLAWFUL DETAINER ACTIONS

• Excepting the prohibitions stated herein, all other allowable evictions under ESHB 1236 and the current Residential Landlord-Tenant Act (RCW 59.18) and Manufactured/Mobile Home Landlord-Tenant Act (RCW 59.20) may proceed as otherwise allowed by law. “

Maxwell B. Glasson
Glasson Legal, PLLC
2212 Queen Anne Ave. N, #659
Seattle, Washington, 98109
206-627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<http://www.glassonlegal.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Wednesday, September 22, 2021 5:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Crazy ULD Commissioner


Hello all,

So we gave notice to vacate on a for cause provision in the new law. The HJP attorney argued that the new law did not override the Proclamation and the Commissioner agreed. Our case was dismissed for no factual or legal basis in our complaint. Our client has a 4 plex where Thurston County has ordered our client to abandon the septic tank and hook up to sewer. 2 of the 4 tenants vacated upon our notice to vacate for cause under ESHB 1236(2)(m) due to a legitimate economic and business reason. Commissioner said Proclamation rules; not new law. We gave notice after the new law become effective.

We are filing a motion for revision. Anyone have some legal argument that new law by Legislature overrides the Proclamation as to the provisions outlined in the new law?

Sincerely,

Tom



Thomas J. Westbrook

Attorney at Law







Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502



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