[WSBARP] 90 day notice - intent to sell

[Kaitlyn Jackson]

Your instincts are correct. The intent of the legislature was to protect
tenants of apartment buildings (really, any building more than 1 unit) from
mass evictions. So the property has to be sold with the tenants in place
unless they can be removed for another just cause reason.

Kaitlyn

On Tue, Jan 25, 2022 at 4:11 PM Craig Gourley <craig at glgmail.com> wrote:

> I agree, it does not work on an apartment building.   That said, you can
> condo it and then it does work.
>
>
>
> *B. Craig Gourley*
>
> *GOURLEY LAW GROUP*
>
> *THE EXCHANGE CONNECTION*
>
> *SNOHOMISH ESCROW *
>
> P.O. Box 1091
>
> Snohomish, WA 98291
>
> PH:  (360) 568-5065 (800) 291-8401
>
> Fax: (360) 568-8092
>
>
>
> CONFIDENTIALITY NOTICE: This electronic mail transmission may contain
> legally privileged, confidential information belonging to the sender. The
> information is intended only for the use of the individual or entity named
> above. If you are not the intended recipient, you are hereby notified that
> any disclosure, copying, distribution or taking any action based on the
> contents of this electronic mail is strictly prohibited. If you have
> received this electronic mail in error, please contact sender and delete
> all copies.
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Britt Donoho
> *Sent:* Tuesday, January 25, 2022 3:17 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* [WSBARP] 90 day notice - intent to sell
>
>
>
> 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
>
> *britt at hbjlaw.com <britt at hbjlaw.com>*
>
>
>
>
>
> This is a transmission from the law firm of Jack W. Hanemann, P.S.  and
> may contain information which is privileged, confidential, and protected by
> the attorney-client or attorney work product privileges. If you are not the
> addressee, note that any disclosure, copying, distribution, or use of the
> contents of this message is prohibited. If you have received this
> transmission in error, please destroy it and notify us immediately at our
> telephone number (360) 357-3501.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp



-- 

Thank you,



Kaitlyn R. Jackson, Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*

*www.dimensionlaw.com <http://www.dimensionlaw.com/>*

130 Andover Park East, Suite 300, Tukwila, WA 98188



*Please note our office is closed November 24th through November 26th and
December 24th through January 2nd. *



PRIVILEGED AND CONFIDENTIAL:  This email (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this email is prohibited. If you have received
this email in error, please immediately notify us by email, facsimile, or
telephone; return the email to us at the email address below; and destroy
all paper and electronic copies.

*Please note that I will be going on leave starting November 15, 2021
through April 1, 2022, and will not have access to phone or email. Please
email Info at Dimensionlaw.com to receive assistance.*

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220126/df6e5957/attachment.html>