[WSBARP] Unlawful detainer Question - Acceptance of Rental Assistance preclude eviction on other grounds?

msafren at jennylinglaw.com msafren at jennylinglaw.com
Fri Feb 3 08:58:26 PST 2023


Hello Unlawful Detainer Experts:

 

I have a quick question that I was unable to confirm independently.   The
basic questions is would the acceptance and participation in rental
assistance program preclude an eviction on other grounds?

 

My client, a landlord, has received a pledge of tenant assistance pursuant
to RCW 59.18.410(2) which requires that a landlord accept any pledge of full
repayment after the expiration of the 14 day pay or vacate notice (30 day is
a covered property) and suspend their court action. 

 

However, the landlord has multiple grounds for the unlawful detainer
including RCW 59.12.030(4) "neglect or failure to keep or perform any
condition or covenant of the lease or agreement under which the property is
held."  

 

Does anyone know or have any authority for the proposition that the landlord
can continue the Court action for unlawful detainer based on RCW
59.12.030(4) even if they receive a pledge of payment to resolve the tenant
default under RCW 59.12.030(3)?

 

Thank you in advance!

 

Kind regards,

 

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 
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