[WSBARP] Repayment plans and new rent due

[Kelby Derenick]

All,

I am sure this question has been discussed before but I can't remember the
consensus:

Tenant accepts a repayment plan under RCW 59.18.630 for close to 1/3 of the
monthly rent for a high amount of arrears totaling 25k.  The monthly amount
is about 800/month.

The statute says nothing about what to do with future rent owed.  I know
these tenants are going to not pay the rent owed on the 1st as they haven't
paid in almost 2.5 years.  But they will certainly make the first repayment
plan later in the month to avoid an unlawful detainer filing.  It seems
like when the legislature enacted RCW 59.18.630 they assumed the future
rent would be paid timely, so the tenant would not fall further behind.

It would seem ridiculous for a landlord to have to offer a
new/separate repayment plan for the missed rent owed after a repayment plan
has already been accepted for previous arrears.  To avoid ever having to
pay the current rent, a tenant could just keep accepting repayment plans
for every month and never have to pay more than 1/3 of the rent until
April, 2023.

Since the statute is not clear on this issue I am wondering what other
attorneys have done in this situation and what courts have been doing when
a tenant brings up a defense that they never defaulted on the repayment
plan (but did not pay future rent).

Thank you!

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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