[WSBARP] "Substantial rehabilitation"

Thu Sep 15 09:31:25 PDT 2022

Hoping someone can shed light on the interplay between RCW 59.18.650(2)(f) <https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.650>  & 59.18.200(2)(c)(1 <https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.200> ) in a month-to-month agreement context.

The electrical needs to be re-done.  

Can a 120-day notice be given, as long as it lines up with the end of the monthly term?  The statute specifies “before the tenancy ends” but this is a month-to-month, so . .  . ?

Thanks in advance,

Julie Nichols

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave, Suite 300 (physical only-no mail)

Shelton, WA  98584

360.426.5885

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Thursday, September 15, 2022 1:09 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Amending UDA Complaint

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.150> 59.12.150

Amendment to conform to proof.

When upon the trial of any proceeding under this chapter it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, in respect of the premises described in the complaint, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted on account of such amendment unless the defendant shows to the satisfaction of the court good cause therefor.

RCW 59.12.160 

Amendments.

Amendments may be allowed by the court at any time before final judgment, upon such terms as to the court may appear just, in the same cases and manner and to the same extent as in civil actions.

On Wed, Sep 7, 2022 at 11:42 AM <Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> > wrote:

Prior counsel filed a UDA, in 2021 using, first, a three-day notice to pay rent or vacate, then a ten-day notice.  The proceeding was delayed, not because of the notices, but because the State had yet to fund the court appointed attorneys for indigent tenants.  Subsequently, prior to my involvement, in the probate for the landlord, the personal representative, in 2022, served the 14 day notice to pay or vacate with the required ERPP notices and served the Dispute Resolution Center.  Subsequently, we received the Dispute Resolution Certificate.  Question, can I amend the prior pleadings, rather than start a new UDA?  Its interesting to note, the Tenant did not respond to the initial complaint.  An alleged caregiver did respond asserting the right to stay on the property.  The caregiver, I guess, would fall under the “any other occupant” part of the complaint, so any amendment would require a notice and hearing.   Any thoughts?

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
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Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

Office:  206-973-3500│Fax:  206-577-5090

Email: kaitlyn@ <http://dimensionlaw.com/> dimensionlaw.com

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