[WSBARP] 59.18.650(3) tenancy question

[Timothy Lehr]

Yes, month-to-month agreement currently.

Timothy C. Lehr
Attorney at Law

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From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
Sent: Thursday, June 9, 2022 4:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 59.18.650(3) tenancy question

Is the current lease agreement month to month?

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On Thu, Jun 9, 2022 at 9:35 AM Timothy Lehr <timothy at stileslaw.com<mailto:timothy at stileslaw.com>> wrote:
Fellow UD experts,

Tenant 1 is the only tenant on a lease agreement. He has allowed his girlfriend to live with him for the last 6+ months. She is not on lease and did not get approval from landlord. Tenant 1 and GF had domestic dispute wherein Tenant 1 has left the property voluntarily. Girlfriend remains at the premises. My reading of the statute is that because GF has been there at least 6 months, Landlord is required to offer girlfriend rental agreement with 30-Day Notice pursuant to 59.18.650(3) before pursuing eviction. If the previous is true, LL wants to offer 6-month lease to allow them to be able to terminate 60 days prior to the end of the term pursuant to 650(1) if it does not work out.

However, my reading under 650(3) is that if you enter into a new tenancy pursuant to that subsection, you can only evict for cause under 650(2). Is that correct? So if LL enters into a 1-year lease with girlfriend, they can no longer terminate pursuant to 650(1)? That doesn’t make a lot of sense to me…

Thanks in advance for your thoughts on this.

Tim

Timothy C. Lehr
Attorney at Law

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p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
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Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
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