[WSBARP] Landlords, Mutual Agreements to Terminate, and COVID Relief Funds

Wed Apr 13 13:00:41 PDT 2022

Scott -

Good eyes! So I dug a little deeper there.

*RCW 59.18.650(5)*
*Nothing* in subsection *(2)(d), (e), or (f)* of this section *permits a
landlord to end a tenancy for a specified period before the completion of
the term unless the landlord and the tenant mutually consent, in writing,
to ending the tenancy early and the tenant is afforded at least 60 days to
vacate.*

59.18.650(2)(d) = 90 days notice for personal/family occupancy
59.18.650(2)(e) = 90 days notice to sell
59.18.650(2)(f) = 90 days policy change / 120 days for conversion or
demolition

Based on the original facts posed above of the LL just wishing NOT to
accept the funds because of the additional strings attached (which the LL
is not obligated to accept as it is not considered a "pledge") then this
provision is not relevant. However, I have seen the scenario where there
are "multiple" causes (i.e. 14 day pay rent or vacate and 90 day notice to
sell) that overlap each other in a single matter so I think it's worth
pointing it out that during the mediations there can be some early lease
termination discussions that co-mingle with receipt of back rent or payment
plans with agreements to vacate. So, in those contexts, it's worth knowing
this provision could play a part in these considerations because if it is
violated (even under the guidance of a DRC), the landlord could later be
found liable to the tenant for "wrongful eviction" under RCW 59.18.650(4).

RCW 59.18.650(4) "A landlord who removes a tenant *or causes a tenant to be
removed from a dwelling in any way in violation of this section is liable
to the tenant for wrongful eviction*, and the tenant prevailing in such an
action is entitled to the greater of their economic and noneconomic damages
or three times the monthly rent of the dwelling at issue, and reasonable
attorneys' fees and court costs.

It's unlikely, but I've been flabbergasted with some of the
arguments/holdings in LLT a lot over the past 2 years so I'm very cautious
now.

Kaitlyn

*Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*

On Thu, Jan 27, 2022 at 10:31 AM Maxwell Glasson <max at glassonlegal.com>
wrote:

> Brian,
>
>
>
> The only time I could see the funding agency making an issue of that is if
> they pay some prospective rent as well as the back rent.  I have seen that
> in King County where the offer typically has been to pay an additional
> three months of rent to stabilize the tenancy.
>
>
>
> That said, in those instances, I have amended the agreement with the
> funding agency to state more or less that the “*terminate or refuse to
> renew the tenancy*” provision only applies to situations involving
> nonpayment of rent.  That way I keep the door open for other terminations
> if necessary.
>
>
>
> Kind regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
> *WA# 51948  NV# 13339  CA# 292356*
>
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>
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Brian Andrews
> *Sent:* Thursday, January 27, 2022 10:12 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and
> COVID Relief Funds
>
>
>
> Okay, one last question on this thread, and the horse will officially be
> beaten to death.
>
>
>
> If Landlord signs a Rental Assistance Program contracts that states that
> Landlord *Agrees to not terminate or refuse to renew the tenancy until
> six months after receipt of funds*, then I read that to mean that
> landlord would be barred from entering into any mutual agreement to
> terminate the lease with tenant. Do you agree?
>
>
>
> This seems obvious to me. The only issue I can see is “where does that
> leave tenant who wants to voluntarily terminate before the end of the
> six-month or year lease?” Can landlord not agree to allow tenant to
> terminate the leasehold? That doesn’t seem right to me.
>
>
>
> Brian H. Andrews, Attorney at Law
>
> 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,
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>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Athena Dickerson
> *Sent:* Wednesday, January 26, 2022 2:52 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and
> COVID Relief Funds
>
>
>
> I went down this path and can attest that commissioner seem beyond
> hesitant to allow an eviction to move forward if the assistance covered the
> whole balance and the only issue was the additional conditions imposed.
> Especially if the assistance is a larger number, which in my case it was.
> In this case, my LL client decided just to take the funds with the string
> attached and move forward in 6 months if the tenant is behind again.
>
>
>
> Athena Makratzakis Dickerson
>
> DETHLEFS SPARWASSER
> <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,3MignbV7JN3fDW35Ex6-X8EUG7nEGjNuKTlfq-Aje1rdb6fDs8Yt68iJDkX__xogulPxvRxqczE1jab42wQRIayCHjlfyP0fLjpZdlZRIPinoeG9OpKmAQ,,&typo=1>
>
> REICH DICKERSON PLLC
> <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fdetsparlaw.com&c=E,1,bLSaO3IzGA_4xpDLui54w20Gh4qqnIdqihOO9lsFaFpEr3IyQlnxxNFTiURyp45gMfqeZoZNVArN8uCnWCEWoTGD7jQGcUGBlkqV6h6b1rlgrg,,&typo=1>
>
> 100 Second Avenue South, Suite 190  I  Edmonds, WA 98020
>
> P  425.776.1352  I  F 425.776.2467
>
> athena at detsparlaw.com
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Maxwell Glasson
> *Sent:* Wednesday, January 26, 2022 2:46 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and
> COVID Relief Funds
>
>
>
> In that case I would argue that the additional conditions should be
> stricken if equity dictates taking the funds.  If you go down that path,
> let me know how it goes!
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
> *WA# 51948  NV# 13339  CA# 292356*
>
> THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE
> ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF
> THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE
> NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
> DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
> USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
> STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY
> NOTIFY US AND DELETE THE ORIGINAL MESSAGE.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Brian Andrews
> *Sent:* Wednesday, January 26, 2022 2:30 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and
> COVID Relief Funds
>
>
>
> Thank you for the speedy response! Permit me a follow-up question for
> clarification re Scenario 2:
>
>
>
> Understood and Agreed that a landlord is not obliged to accept funds with
> strings attached. The issue I am concerned about is where a landlord has
> refused such funds – because LL is unwilling to sign onto the contractual
> conditions – and then moves for eviction. In a small town like Walla Walla,
> at least, it is very possible that no other source of funds will be
> available. I am concerned that a court would be sympathetic to a tenant who
> argues they offered payment and LL refused it. It seems like that could
> well be a concern on equitable or public policy grounds.
>
>
>
> I would love for you to tell me that I’m being over-cautious.
>
>
>
> Thanks again!
>
>
>
> Brian H. Andrews, Attorney at Law
>
> 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.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Maxwell Glasson
> *Sent:* Wednesday, January 26, 2022 1:37 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and
> COVID Relief Funds
>
>
>
> Hi Brian:
>
>
>
> Scenario 1:  It would depend on the wording of the agreement with the
> agency/organization.  That said, a mutual termination would not be an
> “eviction” and I see no issue with proposing one.
>
>
>
> Scenario 2:  A landlord is not obligated to accept assistance funds that
> have extra strings, even if the tenant used such funds to “restore the
> tenancy” after an eviction has started under RCW 59.18.410(2).  The statue
> specifically states that: “[b]y accepting such pledge of emergency rental
> assistance, the landlord is not required to enter into any additional
> conditions not related to the provision of necessary payment information
> and documentation.
>
>
>
> Regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
> *WA# 51948  NV# 13339  CA# 292356*
>
> THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE
> ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF
> THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE
> NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
> DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
> USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
> STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY
> NOTIFY US AND DELETE THE ORIGINAL MESSAGE.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Brian Andrews
> *Sent:* Wednesday, January 26, 2022 1:20 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] Landlords, Mutual Agreements to Terminate, and COVID
> Relief Funds
>
>
>
> Good afternoon, colleagues.
>
>
>
> I have two questions related to a landlord’s receipt of COVID relief or
> mitigation funds (which I think are interchangeable concepts for my present
> purpose):
>
>
>
> Scenario 1:          Landlord accepts funds to pay past-due rent from the
> eviction moratorium period (March 2020 thru December 31 2021). By contract
> with the organization/agency disbursing the funds, Landlord agrees not to
> evict Tenant for any reason but for cause for at least 6 months prior to
> receipt of funds. Can Landlord and Tenant still negotiate a mutual
> termination of lease agreement after Landlord receives those funds? If
> generally yes, can Landlord seek to initiate negotiations related to any
> such mutual termination?
>
>
>
> Scenario 2:          Tenant owes unpaid rent and applies for some sort of
> COVID assistance. Strings are attached to COVID assistance funds. Landlord
> does not wish to accept the rent money from that organization, because of
> the strings. If Landlord declines to accept those funds, can Landlord
> proceed with an action in unlawful detainer for unpaid rent?
>
>
>
> Thanks ahead of time for your insight. This list is so helpful!
>
>
>
> Brian H. Andrews, Attorney at Law
>
> 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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Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

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