[WSBARP] Civil Action for Unpaid Rents

[Kaitlyn Jackson]

Is anyone bringing these types of lawsuits in regular superior court for residential lease agreements (as opposed to ex parte)?

If yes, I would love to pick your brain! I may have cases to send you! 

Kaitlyn 

Sent from my iPhone

> On Dec 14, 2021, at 11:34 AM, Mark Anderson <marka at mbaesq.com> wrote:
> 
> 
> I agree – prejudgment interest is not a feature of the lease nor is it directly imposed by the Landlord.  On the other hand, by making a claim for it in a civil action, is the Landlord seeking to impose prejudgment interest as a charge? 
>  
> Borrowing a phrase from my contracts professor, I hope I’m not slicing the baloney too thin.
>  
> Mark B. Anderson
> ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
> 
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> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Maxwell Glasson
> Sent: Tuesday, December 14, 2021 11:12 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Civil Action for Unpaid Rents
>  
> Interesting question.  My argument would be that it is not the “landlord” imposing the charges, but the court.
>  
> 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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> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
> Sent: Tuesday, December 14, 2021 11:05 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Civil Action for Unpaid Rents
>  
> Listmates:
>  
> RCW 59.18.625(1) provides that a “landlord may not charge or impose any late fees or other charges against any tenant for the nonpayment of rent that became due between March 1, 2020, and six months following the expiration of the eviction moratorium.” 
>  
> I understand this would preclude the imposition of late charges but, in a civil action, would it also preclude an award of prejudgment interest on the unpaid rents as sums certain?
>  
> Mark B. Anderson
> ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
> 
> CONFIDENTIALITY NOTICE
> This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank
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