[WSBARP] [REALPROP] UD and Arbitration

Fri Aug 26 13:24:56 PDT 2022

Thanks Paul and Christopher!

Maxwell B. Glasson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, August 26, 2022 1:19 PM
To: Christopher Cutting <christopher at cuttinglaw.com>
Cc: Listserve RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [REALPROP] UD and Arbitration

For the good of the cause, I found this case:

"Under the Residential Landlord-Tenant Act of 1973, chapter 59.18 RCW, landlords and tenants may agree to arbitration governed by chapter 7.04A RCW. RCW 59.18.320. But in certain actions, including unlawful detainer actions filed by landlords, arbitration is not allowed. RCW 59.18.320(1 )(b)(ii)." Barr v. Young (187 Wash.App. 105, 347 P.3d 947 (Wash. App. 2015)

AND, surprise of all surprises, it's a published case!

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From: Christopher Cutting <christopher at cuttinglaw.com<mailto:christopher at cuttinglaw.com>>
Sent: Tuesday, August 23, 2022 11:07 AM
To: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
Cc: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; Listserve RealProp (realprop at googlegroups.com<mailto:realprop at googlegroups.com>) <realprop at googlegroups.com<mailto:realprop at googlegroups.com>>
Subject: Re: [REALPROP] UD and Arbitration

Paul,
I believe RCW 59.18.320(1)(b)(ii) is usually interpreted to exempt evictions from arbitration clauses. I'm not aware of reported case law, but I believe that's what some of the practice desk books say as well. I would start the eviction and address it if the tenant raises arbitration as a defense. You must still give the pre-eviction notices and waiting periods. Additionally, from what I remember about compelling AAA arbitration, it is acceptable to file a case before giving a demand for arbitration and then move the court to compel arbitration post-filing and post-service so that you have a live case number to use to enforce any arbitration award if it does go that way.

Christopher D. Cutting
Cutting Law Office PC
p. 206.788.8840
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On Fri, Aug 19, 2022 at 1:16 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Any guidance is appreciated here.  I need to evict a T for cause but the lease has a mandatory arbitration clause requiring AAA rules.  I have spoken with AAA and reviewed RC 59.18.320-350 and a quick review of Chapter 7.04A.  So how is this usually done?  Do I file for UD first and then move the court to send us off to arbitration, then bring the decision back and move the court to enforce the arbitrator's decision by ordering the Writ of Restitution?  OR, do I force the T into arbitration first and THEN take the arbitrator's decision to the Court to enforce?  I feel uncomfortable with going to arbitration first because it appears to bypass T protections such as a court-appointed attorney, etc.  Many thanks.  (I'm sure that we'd all rather be anywhere else than in the office on this beautiful Friday afternoon.)

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