[WSBARP] Default on LL's repayment plan

[Kaitlyn Jackson]

Timothy -

No. You cannot serve a case without the Certificate of Compliance unless
the standing order allows you to do so (which very few do).

After the repayment plan has been breached - then issue ONLY a new 14 day
that accounts for the payments that were made under the plan (it's likely
your old 14 day notice is expired any way). You do not need to issue a new
Offer of Reasonable Repayment Plan. As for the ERPP, you will need to
discuss what the local DRC policy is for re-opening a matter. They get to
decide whether they will give you the ticket to go to court or not and
there's little, if not nothing, that can be done to force them to give you
that permission no matter how unreasonable they are. So buckle up. To be
safe, it's likely okay to re-serve another ERPP Notice of Resources to see
if they will re-open the matter (but King County only lets you register a
tenant once so it's important to find out what the policy is with that
particular DRC).

Kaitlyn

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


On Thu, Sep 15, 2022 at 2:17 PM Gwendolyn Cornwell <Gwendolyn at glgmail.com>
wrote:

> I have a similar situation coming up.  I plan to ask the ERPP center to
> reopen the matter.  I had one previous matter reopened after the ERPP
> center incorrectly closed it.  I am going to try and do the same in this
> situation.  We will see if it works.
>
>
>
> Gwendolyn Cornwell
>
> Attorney
>
> *GOURLEY LAW GROUP*
>
> *THE EXCHANGE CONNECTION*
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>
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>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Timothy Lehr
> *Sent:* Thursday, September 15, 2022 1:49 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Default on LL's repayment plan
>
>
>
> UD Gurus,
>
>
>
> Non-payment of rent case, LL serves the 14-Day Notice, ERPP Notices and
> LL’s Reasonable Repayment Plan on tenant. Tenant enters into LL’s repayment
> plan. ERPP emails LL and says since LL and T have entered into an agreement
> to resolve the matter, they are closing the file. No certificate of
> participation is given to LL.
>
>
>
> Tenant subsequently defaults on his repayment agreement with LL.
>
>
>
> Question – Can LL now file a Summons and Complaint based on the tenant’s
> default of repayment plan? I would be illogical (but not surprising) to now
> have LL serve an additional 14-Day and ERPP notices, LL repayment plan etc.
> only to have tenant again enter into an agreement, then default…and around
> and around we go.
>
>
>
> Our local standing order (Skagit) also requires a certificate of
> participation to be filed with any non-payment case. But we did not get one
> since tenant did not get assistance through the ERPP. How do you address
> that?
>
>
>
> I’ve had a couple of these occur in the last month and wondering how other
> attorneys are approaching this scenario.
>
>
>
> Thanks as always!
>
>
>
> *Timothy C. Lehr*
>
> Attorney at Law
>
>
>
>
>
> p:   360.855.0131
>
> e:   timothy at stileslaw.com
>
> w:  www.stileslaw.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**@dimensionlaw.com <http://dimensionlaw.com/>*

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