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

[Gwendolyn Cornwell]

RCW 43.31.605 doesn't seem to require that the tenant be a current tenant for the landlord to apply for reimbursement funds.  It does require an unpaid judgment for rent.  However, the claim would also be exempt from any postjudgment interest required under RCW 4.56.110.  So, it might work, but there is also a business decision to be made.  Plus, this was created to help tenants avoid eviction, and there is no requirement that landlords be paid, so they likely will just say "no."

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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Wednesday, March 16, 2022 12:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Repayment plan for past due rent after lease termination?

I think Gwendolyn's point was plug the hole.  Make the offer, they won't accept, move to litigation without the worry of this defense creating indecision with the judge.


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 Michael Kelly
Sent: Wednesday, March 16, 2022 12:42 PM
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?

The only argument I see requiring a repayment agreement, or an effort to obtain one, is that the language in the eviction moratorium forever added this as a condition to collect debt that arose during its effectiveness:

"Except as provided in this paragraph, landlords, property owners, and property managers are prohibited from treating any unpaid rent or other charges related to a dwelling or parcel of land occupied as a dwelling as an enforceable debt or obligation that is owing or collectable, where such non-payment was as a result of the COVID-19 outbreak and occurred on or after February 29, 2020, and during the State of Emergency proclaimed in all counties in Washington State. This includes attempts to collect, or threats to collect, through a collection agency, by filing an unlawful detainer or other judicial action, withholding any portion of a security deposit, billing or invoicing, reporting to credit bureaus, or by any other means. This prohibition does not apply to a landlord, property owner, or property manager who demonstrates by a preponderance of the evidence to a court that the resident was offered, and refused or failed to comply with, a re-payment plan that was reasonable based on the individual financial, health, and other circumstances of that resident; failure to provide a reasonable repayment plan shall be a defense to any lawsuit or other attempts to collect."


This was a debate we had internally at my last position. As the order with this language is expired, is this pre-condition to treating this debt as enforceable also gone?

I don't know the answer to this.

I hope the answer is "yes" and this is not some lingering condition, but if I were defending the suit, I would raise the issue.



Michael Kelly | Attorney
Direct: 360-529-0808
mike at soundlawfirm.com<mailto:mike at soundlawfirm.com>

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PO Box 64236 | Tacoma, WA 98464
www.soundlawfirm.com<http://www.soundlawfirm.com>


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 <jennifer at srwattorney.com<mailto:jennifer at srwattorney.com>>
Date: Wednesday, March 16, 2022 at 12:36 PM
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?
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

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.

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 Maxwell Glasson
Sent: Wednesday, March 16, 2022 9:48 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 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<http://www.glassonlegal.com/>
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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?


[cid:image002.jpg at 01D8393F.157EBD20]


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.

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