[WSBARP] RCW 59.12.030 - Commercial Lease Termination - New Supreme Court Opinion
Mark Anderson
marka at mbaesq.com
Thu Sep 30 17:06:28 PDT 2021
Thank you for sharing, Rob.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
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marka at mbaesq.com
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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Thursday, September 30, 2021 8:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] RCW 59.12.030 - Commercial Lease Termination - New Supreme Court Opinion
MONTOYA-LEWIS, J.—Under RCW 59.12.030(1), a tenant who leases premises for a specified term or period becomes a holdover tenant liable for unlawful detainer when they remain in possession of the premises “after the expiration of the term for which it is let to him or her.” The question before the court is whether a tenant in a fixed-term commercial lease can become a holdover tenant when the tenancy ends pursuant to an early termination provision. The tenant argues that this unlawful detainer provision applies only when the tenant remains after the end of the original term specified in the lease. We disagree. We hold that in this case, exercising the no-fault early termination provision in the lease revised the term of Spokane Airport Bd. v. Experimental Aircraft Ass’n Ch. 79 No. 99180-4 the lease, and the term expired on the revised termination date. Therefore, the tenant became a holdover tenant under RCW 59.12.030(1) when they continued in possession of the leased premises after that date.
Accordingly, we reverse.
Sep. 30, 2021 - 99180-4 - Spokane Airport Bd. v. Experimental Aircraft Ass'n, Chapter 79 https://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=991804MAJ
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