[WSBARP] Question about Alternative Service for Commercial Property Lease

Thu Jun 1 14:03:46 PDT 2023

Thanks - question under RCW 599.12.085 - do you need to petition the court
first to get the order for alternative service or as in RCW 59.18.055 (its
residential collarlary_)  can you simply effect alternative service after
multiple attempts at service are unsuccessful?  The language seems to
indicate that a court order is first necessary - but its unclear. 

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Thursday, June 1, 2023 1:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about Alternative Service for Commercial
Property Lease

See RCW 59.12.085

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
msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com> 
Sent: Thursday, June 1, 2023 1:14 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

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designated recipient(s). If the reader or recipient of this communication is
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who is responsible for delivering it to the intended recipient, or you
believe that you have received this communication in error, please notify
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including attachments without reading or saving them in any manner. The
unauthorized use, dissemination, distribution, or reproduction of this
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