[WSBARP] Notice Error

[Brian Andrews]

Maxwell,

Yes, thank you. This is my thought too.

Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<http://www.hawklaw.biz/>.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Maxwell Glasson
Sent: Friday, April 8, 2022 11:04 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Notice Error

Brian,

If the rent indicated on the notice has been satisfied, but there are unpaid rent charges that have become due after the service of the notice, I think you would need to serve a new notice.  See the cite below.  I'd suggest entering into the repayment plan / agreement when you are in front of the DRC, so you can have the mediation agreement contain provisions where you can get the certificate of participation and go forward with the UD action if the agreement is breached.

A "landlord does not waive defaults in rent by accepting rent after a [fourteen-day] notice if he applies the receipts to earliest rent first and there is still some rent owing for the period before the notice." Housing Resource Group v. Price, 92 Wn. App. 394, 402 (1998).


Maxwell B. Glasson
Glasson Legal, PLLC
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Seattle, Washington, 98109
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max at glassonlegal.com<mailto:max at glassonlegal.com>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Brian Andrews
Sent: Friday, April 8, 2022 10:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Notice Error

Good morning!

I have a Landlord who fairly recently issued a 14-Day Notice for missed rent in December 2020, January 2021 and February 2021. Tenant subsequently entered into a Repayment Plan and was paying for awhile, and then defaulted on that Plan. 4k in rent is actually owed, but the problem is that the rent payments for the dates on the Notice have been made, applying the more recent payments to those Notice dates. We then have a current deficit for more recent dates. (Sorry if that is a confusing explanation.)

I think LL needs to reissue a proper Notice for the dates where no rent has actually been paid. I am not confident that we can argue that LL can proceed because Tenant signed a Repayment Plan and then defaulted.

But what do you think?


Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<http://www.hawklaw.biz/>.

This email is intended only for the named recipient(s) or their designees, and may contain legally privileged or confidential information.  If you have received this email in error, please delete it entirely from your computer and notify the sender.  Thank you.

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