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

Wed Mar 16 12:39:02 PDT 2022

Try to settle a dispute prior to filing a lawsuit?  Now that's just crazy talk.

[cid:image001.jpg at 01D83932.CFF09C30]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, March 16, 2022 12:26 PM
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 and Maxwell. It's now a civil lawsuit and so the repayment plan is no longer a prerequisite. But it certainly could help avoid the cost and expense of a lawsuit IF the prior landlord offers a repayment plan before beginning suit.

Kaitlyn

Sent with Right Inbox<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.rightinbox.com%2F%3Futm_source%3Dsignature&data=04%7C01%7C%7Cf3c063d0fb9d4fba345308da07835b87%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637830558020878039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=MTgb%2BgDPimHuyjbsbCPaS5zB%2FDJSZ8nP1magVfyqVEE%3D&reserved=0>

On Wed, Mar 16, 2022 at 9:50 AM Maxwell Glasson <max at glassonlegal.com<mailto:max at glassonlegal.com>> wrote:
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
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.glassonlegal.com%2F&data=04%7C01%7C%7Cf3c063d0fb9d4fba345308da07835b87%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637830558020878039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=Z8o%2F3j%2BHUAOb3RsDGu4rqaUpEFFfCcYwQIwuKcZFWZM%3D&reserved=0>
WA# 51948  NV# 13339  CA# 292356
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

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?

[cid:image001.jpg at 01D83932.CFF09C30]

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

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<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.

***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<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=04%7C01%7C%7Cf3c063d0fb9d4fba345308da07835b87%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637830558020878039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=geT4HDw%2F%2BDcV92Dg1OM3ZVI%2FUNnuhott0AaQObUngUs%3D&reserved=0>

--
Thank you,

Kaitlyn R. Jackson, Attorney
Dimension Law Group, PLLC
Office:  206-973-3500│Fax:  206-577-5090
Email: kaitlyn at dimensionlaw.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fdimensionlaw.com%2F&data=04%7C01%7C%7Cf3c063d0fb9d4fba345308da07835b87%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637830558020878039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=VW4HVOS%2Bl0fe2WfjFvkJ42Vwl4Q2FkTjx8loaBxKH%2Fs%3D&reserved=0>
www.dimensionlaw.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=04%7C01%7C%7Cf3c063d0fb9d4fba345308da07835b87%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637830558020878039%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=bu9G%2F5uG%2BJ%2FqZCE1wCiFmNavaaiGNemQWvPILf1YyMw%3D&reserved=0>
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<mailto: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/20220316/210aedda/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220316/210aedda/image001.jpg>