[WSBARP] Repping the Tenant

[Roger Hawkes]

Paul: results may tend to vary, depending on the jurisdiction; it ain't just state law any more.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, September 30, 2021 9:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Repping the Tenant


Listmates, I am trying to inexpensively assist a young woman with LL troubles.  Looking for some quick thoughts after some fruitless legal research.  Tenant on a month-to-month and wants to terminate lease.  She gave termination notice via email to leasing agent.  First issue, she gave notice via email and lease calls for "written notice."  Lease is silent as to what a "written notice" is.  Does an email qualify as a written notice?  Second issue, there may be a question as to counting of days for the email.  Lease calls for a "30-day" written notice.  But newly enacted RCW 59.18.650(2)(f) says: "A tenant may end a tenancy for a specified time by providing notice in writing not less than 20 days prior to the ending date of the specified time."  In the past, a LL could deliver a 20-day notice unless the lease calls for a longer notice period.    So, does that hold true for a tenant or could I argue that the longer 30-day notice period is contra to public policy and violates RCW 59.18.650(2)(f)?



[Paul A_ Neumiller]
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