[WSBARP] Reasonable Repayment Plan

Wed Oct 26 10:15:20 PDT 2022

Its interesting your commissioners are getting the issue.  Our three judges are talking amongst each other to try and get some consistency  in how they rule.  Are the Commissioners interpreting the last part of the first line of 59.18.630(2) as only requiring 1/3rd of the back owing rent, without adding the new accruing rent?  How are the commissioners dealing with the last line of (2)?  Do they feel free to set what ever amount they want as the reasonable monthly rent?

These comments are good; I share them with the court as specific issue arise.  For example, on when the repayment plan must be provided, our court does not require it be served before any other process.  They were of the mindset that repayment plans would be part of the dispute resolution process.  However, I like the idea of serving such plans with the 14-day notice as that stops one defense at the show cause hearing.

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.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 Kaitlyn Jackson
Sent: Wednesday, October 26, 2022 10:00 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Reasonable Repayment Plan

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

Sent with  <https://www.rightinbox.com/?utm_source=signature> Right Inbox

On Wed, Oct 26, 2022 at 8:49 AM <Jeff at bellanddavispllc.com <mailto: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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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 Kelby Derenick
Sent: Tuesday, October 25, 2022 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto: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

Walla Walla, WA 99362

Ph: (509) 676-9805 

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On Tue, Oct 25, 2022 at 10:26 AM <Jeff at bellanddavispllc.com <mailto: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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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