[WSBARP] Question about Alternative Service for Commercial Property Lease

[Paul Neumiller]

See RCW 59.12.085


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Thursday, June 1, 2023 1:14 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Question about Alternative Service for Commercial Property Lease

Hello Fellow Listservers,

I had a question and was looking to get your collective wisdom and input on an alternative service issue relating to a commercial property lease.

Tenant leases a commercial space under their individual name, rather than a business name.  Tenant defaults on lease terms and fails to pay rent.  After service of 3 Day Notice to Pay or Vacate consistent with RCW 59.12.030(3) and RCW 59.12.040, tenant fails to pay or vacate so summons and complaint are prepared, but tenant is not present to be served.  While other members of the tenant's business are present, the Individual tenant is not present.

I'm a little puzzled as to how to serve the tenant the summons and complaint and gain jurisdiction over the tenant.

RCW 59.18.055 allows for alternative service, by posting and mailing.  However, RCW 59.18 is for residential landlord/ tenant relationship and again this is a commercial tenancy.

Because this is a commercial lease - would service upon a person or agent in the business consistent with RCW 4.28.080(8) & (9) be considered acceptable?

Aside from motioning the Court for alternative service under CR 4 - does anyone have any thoughts on accomplishing service of process?  All input is welcome.

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: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>


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