[WSBARP] 90 day notice - intent to sell - closing before end of 90 days

Tue Jan 4 12:54:37 PST 2022

The 90 day notice should identify the landlord "and any heirs or assigns"
and the closing docs should include an assignment of rights to enforce the
notice and rights. That usually buttons up the issue for the commissioners.

Kaitlyn

On Fri, Dec 17, 2021 at 10:13 AM Bryce Dille <Bryce at dillelaw.com> wrote:

> My partner had this potential issue in Thurston County so at closing we
> got an assignment of rights from the seller-landlord and judge had no
> problem in issuing writ but fortunately the tenant moved before we could
> serve the writ so it was not opposed so there was no tenant attorney on the
> other side making that argument.
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
>
> 2010 Caton Way SW Ste. 101
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> Olympia, WA 98502
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Friday, December 17, 2021 10:02 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] 90 day notice - intent to sell - closing before
> end of 90 days
>
>
>
> Kinda yeah, maybe.  In my case, the original institutional (read,
> uncooperative) foreclosing lender/LL filed the UD and then closed escrow to
> sell the residence.  The successor LL/Buyer then went into court for the
> Writ and the judge just chuckled and said the new plaintiff had to file a
> new action because the successor LL was not the correct plaintiff.  Perhaps
> it is different for notices and perhaps if you obtain some sort of
> assignment of LL rights.
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Britt Donoho
> *Sent:* Friday, December 17, 2021 9:28 AM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] 90 day notice - intent to sell - closing before end
> of 90 days
>
>
>
> Hi all.
>
>
>
> I’m not sure if this issue has been litigated yet but wanted to know
> thoughts.
>
>
>
> Has anyone had experience where a seller of property issued a 90 day
> notice intent to sell, then sold and closed before the 90 day period? I
> have a client who is the buyer and is concerned that the 90 day notice will
> be unenforceable for any holdover tenants if they take title prior to the
> 90 days expiring.
>
>
>
> Would appreciate any thoughts on this.
>
>
>
> Sincerely,
>
>
>
> *Britt Donoho, Attorney *
>
> Jack W. Hanemann, P.S.
>
> 2120 State Ave. NE, Suite 101
>
> Olympia, WA 98506
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-- 

Thank you,

Kaitlyn R. Jackson, Attorney

Dimension Law Group, PLLC

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