[WSBARP] Civil Action for Unpaid Rents

[Athena Dickerson]

I have brought a few, happy to chat more about it if you need someone to bounce ideas off of.

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>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, January 12, 2022 12:20 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Civil Action for Unpaid Rents

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<mailto: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
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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 Maxwell Glasson
Sent: Tuesday, December 14, 2021 11:12 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
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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 Mark Anderson
Sent: Tuesday, December 14, 2021 11:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:marka at mbaesq.com>
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