[WSBARP] rent back agreement

Thu Nov 2 10:13:06 PDT 2023

This has been a great exchange already, thank you! I do have a follow up
question, for anyone who might know the answer.

If a tenancy "is considered a month to month," is there really "no way to
get the people out if they decide not to move"? That's an accurate summary
of the law? I know times have gotten difficult for landlords, but that
difficult?

If the general consensus is "yes" then obviously I need to counsel clients
correctly. Thanks everyone.

Craig
Craig Blackmon, Attorney at Law
<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #103, Seattle WA  98121
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On the blog: Changes to Title and the QCD
<https://seattlepropertylawyer.com/blog/quitclaim-deed-explained>
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On Thu, Nov 2, 2023 at 10:07 AM Eric Lanza <eric at buzzardlaw.com> wrote:

> They passed a law this year to address this. See RCW 59.18.040(3)
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> Eric J. Lanza, J.D.
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Britt, Christopher
> *Sent:* Thursday, November 2, 2023 9:50 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] rent back agreement
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> Craig:  I do not think you can skirt the landlord tenant protections.
> However, in these situations in the past, I have withheld a portion of the
> proceeds until such time as the seller moves out as a liquidated damage in
> the case they become an issue.  It has proven to be an effective carrot.
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> Christopher G. Britt, M.A., J.D.
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> Attorney at Law
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> E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*
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> On Thu, Nov 2, 2023 at 9:47 AM Craig Gourley <craig at glgmail.com> wrote:
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> Listmates-   I am trying to figure out the intersection between delayed
> possession of  home sale and a LLT law.  Basic fact pattern is client wants
> to close the purchase now but give the Seller 2 months to move out.  In
> simpler times I would do a rental agreement for the 2 months and call it
> good.  With the new LLT laws my understanding is that if it is considered a
> month to month we have no way to get the people out if they decide not to
> move, except maybe breach of contract on the sales agreement and that would
> be a long term battle.   Can we do a 2 month lease?  Can we couch this as
> not a rental or lease agreement at all but just delayed possession
> agreement with typical lease language dealing with insurance, maintenance
> etc? Basically calling a duck a chicken and hope nobody notices?  Thoughts ?
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