[WSBARP] rent back agreement

Fri Nov 3 09:19:04 PDT 2023

Hi Craig,

Didn’t see anyone respond to this and I am certainly not of the LLT Gurus
on this list, but I always read 59.18.650 for my direction on your question.

Sincerely,

Tom

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Craig Blackmon
*Sent:* Thursday, November 02, 2023 10:13 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] rent back agreement

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
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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)

Eric J. Lanza, J.D.

*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

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.

Christopher G. Britt, M.A., J.D.

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:

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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