[WSBARP] Question about Alternative Service for Commercial Property Lease

Thu Jun 1 15:07:25 PDT 2023

You have to get a court order.

On Thu, Jun 1, 2023 at 2:25 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> I’ve gone into court and got a court order.
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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 2:04 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Question about Alternative Service for Commercial
> Property Lease
>
>
>
> 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: msafren at jennylinglaw.com
> *www.jennylinglaw.com <http://www.jennylinglaw.com/>* | *facebook.com/jennylinglaw/
> <http://www.facebook.com/jennylinglaw/>*
>
>
>
>
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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
>
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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.
>
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>
> 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
> *www.jennylinglaw.com <http://www.jennylinglaw.com/>* | *facebook.com/jennylinglaw/
> <http://www.facebook.com/jennylinglaw/>*
>
>
>
>
> This communication, including attachments, may contain information that is
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