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

Wed Mar 16 12:28:05 PDT 2022

Thank you Maxwell, Paul and Gwendolyn, 

I was thinking the same thing as Maxwell and Paul - that the repayment plan
is a prerequisite for eviction and not necessarily for tenants after they
have vacated the rental property. 

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

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Maxwell Glasson
Sent: Wednesday, March 16, 2022 9:48 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Repayment plan for past due rent after lease
termination?

I agree with Paul here.  The repayment plan and ERP process only apply to
Unlawful Detainer actions against tenants.  The former occupant is no longer
a tenant, and is not protected. 

>From my reading, the Landlord Mitigation Program would not apply in this
situation as it is post-termination/move-out.  

Regards, 

Maxwell B. Glasson 

Glasson Legal, PLLC

8 Boston Street, Suite 2                        Please note our new address.

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 Paul Neumiller
Sent: Wednesday, March 16, 2022 9:27 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Repayment plan for past due rent after lease
termination?

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?

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 Gwendolyn Cornwell
Sent: Wednesday, March 16, 2022 9:10 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto: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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