[WSBARP] Repayment plans and new rent due

[Gwendolyn Cornwell]

My proposed repayment plans state that the repayment must be made in addition to the normal rent payment.  They are not complying with the repayment plan if they are not paying the current rent.  They are not repaying anything if they are getting further behind.

Gwendolyn Cornwell
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kelby Derenick
Sent: Monday, September 26, 2022 10:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Repayment plans and new rent due

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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