[WSBARP] Can landlord refuse rent during eviction proceedings?

Fri Mar 11 11:00:03 PST 2022

I had this issue last week.  The issue I was concerned about was whether accepting rent waived the landlord’s right to evict.  There are lots of ambiguous cases on the subject.  The tenant, however, wants to tender rent to be consistent with his position that he is not in unlawful detainer.  So both sides are constantly sending mail back and forth.  Not much of a problem if the courts fulfill their statutory duty to hold a trial within 30 days, but a big problem if the court won’t try UD cases because of an emergency.  Or if it won’t set a speedy trial date.  Which is my case (filed Jan 2021).  Both sides entered into a stipulation early on that the court just relieved us of and ruled that the landlord can cash the tendered rent checks without waiving its right to possession.

Rod Harmon

RODNEY T. HARMON
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     Fax:  (425) 458-9096
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From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Athena Dickerson
Sent: Thursday, March 10, 2022 9:57 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can landlord refuse rent during eviction proceedings?

Follow up question on this post.  I have always used the statutory summons language for UD for a 3-day based on trespass.   Reasoning being even though they aren’t a tenant, this particular type of UD is specified under the RLTA (59.12.030(6)and not doing so will likely get my case dismissed.   I’ve seen a few others use a more general civil summons (with the shorter time period for response of course).     I’ve never had this challenged in court or had anyone argue because I used this form I somehow granted “tenant status” to a squatter.   Anyone else do something different?

Athena Makratzakis Dickerson
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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 Kaitlyn Jackson
Sent: Wednesday, March 9, 2022 4:25 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Can landlord refuse rent during eviction proceedings?

Usually in a nuisance case, the tenancy is terminated vis a vis a 3 day notice to quit. This terminates the tenancy and therefore rent is not due. So, accepting rent could “re-start” the tenancy. At this point, the occupancy past the expiration of the 3 day notice is a damages claim calculated by pro rata rent.

Sent from my iPhone

On Mar 9, 2022, at 10:19 AM, Maxwell Glasson <max at glassonlegal.com<mailto:max at glassonlegal.com>> wrote:

Hi Jennifer,

If the eviction is based upon nuisance, the landlord is not obligated to accept a rental payment from the client in this scenario.  That said, take a careful look at your lease to see how the wording of the “last month’s rent” is to be applied.

You may also want to include in the complaint a claim for rent and costs “to be proven at trial” and a prayer for the same so if the eviction is successful but extends beyond the move-out date.  You can then convert the action to a civil matter and it if the client thinks that would be cost/energy effective.

Regards,

Maxwell B. Glasson
Glasson Legal, PLLC
2212 Queen Anne Ave. N, #659
Seattle, Washington, 98109
206-627-0528
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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 Jennifer Tengono
Sent: Wednesday, March 9, 2022 10:05 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Can landlord refuse rent during eviction proceedings?

Good morning Listmates.

Can a landlord refuse rent for a month-to-month tenant during an eviction that is (1) not based upon the failure to pay rent when the landlord already has received a last month’s rent payment at signing and (2) not section 8 housing? Landlord has already served complaint and summons on tenant for nuisance and intends to proceed with OSC hearing. In the meantime, the landlord intends to apply the last month’s rent already received for this March’s rent. In the event the eviction proceeds past March, the landlord would accept a prorated rent upon completion of the action. Landlord is not intending to make any claims regarding past due rent or anything of that nature, merely wishes to terminate lease in accordance with .650.

Thank you for your input.

Respectfully,

Jennifer Tengono

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