[WSBARP] [WSBARP Digest] evictions, UD and available housing

Tue Jan 31 17:02:35 PST 2023

In a criminal system, both prosecutor and PD are paid at a public expense.  Yet, not in the housing market.  Both sides of the system should be represented at a public expense, or neither.  When I was actually looking to buy my place, I preferred owner occupied vs. that had been rented out.  Chances are probably both may not have been in the same condition, especially when it came to latent defects.  A tenant has no obligation to disclose a prospective purchaser about those.

Jimmy Garg, Esq.
Jimmy Garg, PLLC
300 Lenora Street # 1063
Seattle, WA 98121
206-580-3790 (p) 206-736-3218 (f)
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of K. Garl Long
Sent: Tuesday, January 31, 2023 4:28 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] [WSBARP Digest] evictions, UD and available housing

Yes, tenants that do not honor contracts get attorneys at public expense; housing providers, even when they can find counsel, must pay in dollars and time to recover what they provided at a small  profit margin. There is no reason to continue to take the risk.

 We face not only a "legal desert", but also a "housing desert". Yet policy is set under the belief that tenants are abused just by agreeing to be sheltered by housing providers, and that housing providers must be punished.  This mindset of division and victimization is destroying more than the small provider housing market.

K.  Garl Long
On 1/31/23 15:47, Rob Rowley wrote:
I do Whitman and Lincoln county evictions/UDTs from Spokane with the landlords knowing they will be paying for my extra travel time as needed. Getting ready to file a Whitman UDT next week.

Agree as to “legal desert” problem.

Robert R. Rowley
Attorney & Counselor At Law
p: 509.252.5074  m: 509.994.1143
f: 509.842.3809
a: 7 S Howard St, Ste 218, Spokane, WA 99201
w: rowleylegal.com<http://rowleylegal.com>  e: rob at rowleylegal.com<mailto:rob at rowleylegal.com>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Josh Grant
Sent: Tuesday, January 31, 2023 2:42 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] [WSBARP Digest] evictions, UD and available housing

Another problem for the small ma and pa landlord not discussed is a close relative of the “legal desert” problem.  Most general practioners in rural areas simply won’t take on helping a landlord for either ULD or ejectment cases for the reasons expressed below. I doubt that anyone in Lincoln County will assist a landlord now.  That previously was not the case.

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Kary Krismer
Sent: Wednesday, January 25, 2023 4:43 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] [WSBARP Digest] evictions, UD and available housing

On 1/23/23 17:46, Andrew Hay wrote:
Landlords are invariably more wealthy than tenants.

One of the things I learned from practicing bankruptcy is the party that is owed money is not necessarily more financially secure than the party that owes the money.  That was one of the problems I had with the Covid renter relief that was put into effect.  To be entitled to the relief the tenant did not have to make any showing that they were in any way impacted by Covid.  And the landlord was offered no opportunity to show they were suffering severe harm.  This was very unlike bankruptcy court where the court will consider the harm imposed on the creditor from continuation of the stay.  During Covid it's entirely possible a tenant not paying rent was employed by Amazon for $150,000 a year, working at home, and in no way financially adversely affected by Covid.  But their landlord would have been prohibited from any form of court relief.

But as to this point, landlords do end up in Chapter 7 bankruptcy.  One of my clients early on moved here from out of state after the real estate market in his area collapsed.  He owned four or five rental houses, as I recall, and lost them all and filed Chapter 7.  And I've seen others moving for relief from stay where they were retired and needing the rental money for their living expenses.  The court would take that into account in rendering a decision.

Kary L. Krismer

206 723-2148

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