[WSBARP] 90 day notice - intent to sell

[Britt Donoho]

Hi all,

I have a client who wants to sell a 5 unit apartment complex using the 90 day notice intent to sell.

Based on my understating of the statute, she cannot evict using a 90 day notice.

59.18.650(e)- "(e) The tenant continues in possession after the owner elects to sell a single-family residence and the landlord has provided at least 90 days' advance written notice of the date the tenant's possession is to end. For the purposes of this subsection (2)(e), an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price by listing it on the real estate multiple listing service." (emphasis added).

59.18.030(32) A "single-family residence" is a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single-family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit.

Her apartment complex is not a single family residence. They share hot water equipment. Thus, can't proceed with the sale under a 90 day notice.

Has anyone else run into this problem? Any thoughts on interpretation. There has to be another vehicle for sale. Though, my thought is perhaps the legislature's intent was to protect against mass evictions. If a LL sells an apartment complex they would likely be selling to another landlord, thus transfer the lease agreements. Regardless, there has to be a way to dispose of the property, I guess you can, but you cannot evict the tenants prior to the sale.

Any thoughts would be appreciated. Thanks.


Sincerely,

Britt Donoho, Attorney
Jack W. Hanemann, P.S.
2120 State Ave. NE, Suite 101
Olympia, WA 98506
Phone: (360) 357-3501
Fax: (360) 357-2299
www.hbjlaw.com<http://www.hbjlaw.com>
britt at hbjlaw.com<mailto:britt at hbjlaw.com>


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