[WSBARP] Reasonable Repayment Plan

Wed Oct 26 09:59:39 PDT 2022

This has been an on-going issue for cases in King, Pierce, and Snohomish.
Commissioners will rule however they want and it depends on the
Commissioner of the day.

KJ

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On Wed, Oct 26, 2022 at 8:49 AM <Jeff at bellanddavispllc.com> wrote:

> Thank you Kelby.
>
>
>
> My case has another hearing set for next Friday and I had hoped to put
> this in front of the Judge.  However, the Tenant’s attorney made a very
> reasonable settlement offer (i.e. his client will move by a date certain)
> so I may have to wait.  This issue will come up again very soon.
>
>
>
> Jeff
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
>
> *Attorneys at Law*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kelby Derenick
> *Sent:* Tuesday, October 25, 2022 10:51 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Reasonable Repayment Plan
>
>
>
> I had this exact question a month ago.  The statute does not mention what
> to do with future rent but obviously it makes sense that future rent also
> has to be paid as part of the repayment plan or else the  landlord would
> have to offer another repayment plan for each missed rental payment.  It
> just doesn't make sense.  I have not taken this issue to a hearing yet
> though so I don't know what certain courts are doing.  Other attorneys here
> said that they have been including future rent without a problem.
>
>
> Kelby J. Derenick
>
> Attorney
>
>
>
> *10018 Greenwood Ave. N*
>
> *Seattle, WA 98133*
>
> *Ph. (206) 659-5061*
>
>
>
> *14 E. Main Street, Suite 207*
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> On Tue, Oct 25, 2022 at 10:26 AM <Jeff at bellanddavispllc.com> wrote:
>
> Listmates:
>
>
>
> I know some of you have dealt with this.  In calculating the “reasonable”
> amount of the repayment, by a delinquent tenant, I assume its 1/3 of the
> monthly rent, that goes to the past due, but tenant must also pay the full
> rent for the future months.  Court appointed attorney says no, its 1/3 of
> the monthly rent, period.  What kind of repayment plan is that?  Talk about
> giving the landlord a haircut!  I can also read the law to say you take the
> total amount past due and divide that by 1/3 for the “reasonable” amount.
> What have other courts done?
>
>
>
> Jeff Davis
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
>
> *Attorneys at Law*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
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> 360.683.1129.
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