[WSBARP] Repayment plan for past due rent after lease termination?

[Paul Neumiller]

I have a different take on this matter.  The repayment plan requirement is a prerequisite to bringing an unlawful detainer.  The situation now involves a debtor, not a tenant.  Why wouldn't this be a standard civil lawsuit for damages and not subject to the requirements of RCW Chapters 59.12 and 59.18?


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gwendolyn Cornwell
Sent: Wednesday, March 16, 2022 9:10 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Repayment plan for past due rent after lease termination?

RCW 59.18.630 requires a landlord to offer a repayment plan to a tenant.  It does not mention prior tenants.  However, if there will be a lawsuit, the landlord's chances are probably better if they do offer the repayment plan.  There is also an option to seek reimbursement from a landlord mitigation program pursuant to RCW 43.13.605(1)(d) if the tenant defaults on the repayment plan.  I don't know if this would apply to former tenants, but it is likely worth looking at.

Gwendolyn Cornwell
Attorney
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

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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 16, 2022 8:43 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Repayment plan for past due rent after lease termination?

Good morning,

I have a landlord whose tenant's lease ended in July 2020. The tenant was behind in rent by three months and there were damages after they vacated they still have not paid. Now I understand that for current tenants who missed rent payments between March 2020 and December 2021 the landlord must enter into a repayment plan for the past due rent. My question is do they still have to do this for prior tenants who were behind in rent during the same time?

Thank you for your input.

Respectfully,

Jennifer Tengono

Associate Attorney
Susan R. Wilson
Attorney at Law, PLLC
208 S. Main St. Ste 2
Moscow, ID 83843
lawfirm at srwattorney.com<mailto:lawfirm at srwattorney.com>
Office: 208-882-8060
Fax: 866-221-9397

This electronic communication may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act 18 U.S.C. Sections 2510 and 2521 and may be legally privileged. This message and any associated files are intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or the files associated herewith, is strictly prohibited. If you receive this email in error, please notify Susan R. Wilson, Attorney at Law, immediately by telephone at 208-882-8060 and destroy the original message.

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