[WSBARP] Repping the Tenant

Thu Sep 30 09:47:30 PDT 2021

Paul -

Here's my take.

The new law will likely prevail to protect this tenant and give the tenant
the right to the 20 days. The written contract cannot devolve the tenant of
these particular statutory rights (that's somewhere in the chapter
somewhere). The case law that recently emerged in Div. II (see attached),
should be helpful in the analysis of whether the new law overrides the
contract terms. The general rule here is that where the statute and
contract are in conflict, whatever benefits the tenant will prevail.

Email notice is generally considered written notice (if coming from the
tenant). The courts are rarely going to enforce the requirements of service
under RCW 59.12.040 on tenants because tenants rarely have the information
of where the landlord can be personally found. However, if the contract has
a really specific "Notice" provision that explains how the tenant shall
send written notice - then the analysis there could change a bit.  If it
was the normal conduct between landlord and tenant to email each other -
then I think the court will allow this for the tenant (however, the same is
not true for the landlord).

The calculation of the 20 days is what is really important. The 20 day
notice must be provided at least 20 days before the end of the rental
period. So, if she pays rent on the 1st of the month, then the end of the
rental period is the last day of that month. So, she has to give the
written notice on or before the 10th (I wouldn't cut it that close) to be
effective by the 30th or the 31st. If the tenant did not give it by the
10th, then it cannot be effective until the end of the next month.

I hope this helps!

On Thu, Sep 30, 2021 at 9:19 AM Roger Hawkes <Roger at law-hawks.com> wrote:

> 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
>
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>
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>
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>
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>
>
>
> *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)?
>
>
>
> [image: Paul A_ Neumiller]
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