[WSBARP] 60-Day v. 3-Day Notice

[Douglas Scott]

I would couch your language saying “without waiving any rights” or “in the alternative “ or “in the event that”. And cover your bases.  Good luck. 

Sent from my iPhone

> On Mar 22, 2022, at 2:24 PM, Gwendolyn Cornwell <Gwendolyn at glgmail.com> wrote:
> 
> 
> Please reply to all as I have a similar situation. Thank you!
> 
> Get Outlook for iOS
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Brian Andrews <brian at hawklaw.biz>
> Sent: Monday, March 21, 2022 2:22:31 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] 60-Day v. 3-Day Notice
>  
> Good afternoon, colleagues:
>  
> I have a dilemma. A landlord client has a terrible tenant who has done all manner of bad things. We served a 3-Day Notice to Quit under 59.18.650(2)(c), and he has to be out by midnight tonight. He told LL today he has no intention of leaving. We need to draft and serve UD process, but the hearing will not be until 4/3/22 at the earliest.
>  
> Meanwhile, his actual lease expires at the end of May. So – if for whatever reason we fail at the 3-Day – we would need to serve a 60-Day Notice of Intent to Terminate Tenancy by March 31st to avoid going into a M2M.
>  
> SO, my question – and I have little hope here – is: Is there a way to serve the 60-Day Notice of Intent to Terminate by 3/31/22, before we go to the UD hearing on 4/3, without vitiating or waiving any rights under the 3-Day Notice? Any way to phrase the 60-day Notice in such a way that Landlord gives notice that T is in unlawful detainer, but if T prevails at the UD action, that LL will not be renewing the lease and T must leave before 6/1/22?
>  
> I think not. If it’s not obvious already, I think that LL waives the argument that T is in breach of the lease under the 3-Day if LL states that the lease will not be renewed in 60 days. Additionally, I think that LL risks a claim of retaliation. But I wanted to know if anybody disagrees with me and thinks there might be a way.
>  
>  
>  
> Brian H. Andrews, Attorney at Law
> brian at hawklaw.biz
> Hawkins Law, PLLC
> Phone 509-529-5175 / Fax 509-529-2564
> 2225 Isaacs, Suite A/ Walla Walla, WA 99362
>  
> Visit our website at hawklaw.biz.
> 
> This email is intended only for the named recipient(s) or their designees, and may contain legally privileged or confidential information.  If you have received this email in error, please delete it entirely from your computer and notify the sender.  Thank you.
>  
> ***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
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220324/e9286aad/attachment.html>