[WSBARP] Repayment plans and new rent due

[Kelby Derenick]

Ok great.  I was thinking of doing that even though it wasn't included in
the statute.

Thanks Gwendolyn - I appreciate your feedback!

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 Mon, Sep 26, 2022 at 10:33 AM Gwendolyn Cornwell <Gwendolyn at glgmail.com>
wrote:

> 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*
>
>
>
> CONFIDENTIALITY NOTICE:  This electronic mail message contains information
> that (a) is or may be legally privileged, confidential, proprietary in
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> intended recipient, an addressee, or the person responsible for delivering
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