Niko’s Gourmet Inc. rented commercial space from Pacific Security Financial Inc. The owners of Niko’s Gourmet Inc. personally guaranteed the lease obligations. Pacific Security Financial Inc. sold the building to Peyton Building, LLC. Pacific Security Financial Inc. and Peyton Building, LLC. did not, however, execute an assignment of the lease.
Landlord-Tenant Blog
150 posts
Corporations and LLCs when appearing in court must be represented by an attorney. “Washington law…requires individuals appearing before the court on behalf of another party to be licensed in the practice of law.” [1] Accordingly, “corporations appearing in court proceedings must be represented by an attorney.”[2] This is true even of single-member corporations and LLCs.[3] Likewise, someone without a law license cannot represent another person in court. There is no exception for a power of attorney, or for paralegals.[4] A person can represent themselves in court, but we do not recommend it. We frequently take calls from people whose […]
Old City Hall LLC bought a commercial building in Tacoma with the intent to convert it into luxury condos. Old City Hall needed tenants in the building to vacate to speed up the process. Old City Hall offered to “buy out” existing commercial leases – offering the commercial tenants financial incentives to agree to terminate leases early and vacate. Most of the tenants accepted, but two tenants declined. Soon the building began to deteriorate. Janitorial services the landlord was contractually obligated to provide declined. Trash began to pile up. Human feces from unauthorized occupants littered the building.
A man with a learning disability and limited education lost his job in 2008, and soon fell over $10,000 behind on property taxes. The county had not yet issued a certificate of delinquency, but the homeowner felt desperate to borrow against the significant equity in his home and pay the taxes to save his house. The homeowner met a mortgage broker. The homeowner thought the mortgage broker was arranging a loan. In reality, the homeowner deeded his house away to an investor and entered a lease with an option to buy-back.
A landlord leased commercial space to a tenant to operate a nightclub. The commercial tenant fell behind in rent. The landlord served a notice to pay rent or vacate, giving the statutory three-day period. The lease provided for twenty days to cure non-payment of rent. The tenant argued on appeal that the notice was defective. Although the notice only gave three days to cure non-payment of rent, the landlord waited more than twenty days before filing the summons and complaint. The Court of Appeals ruled that waiting the additional period before taking further action was sufficient, even though the notice […]
A commercial landlord brought an eviction against its tenant. The landlord also filed a separate lawsuit for rent and other money allegedly owed. The eviction was set for trial. The landlord and tenant agreed that the tenant would vacate prior to the trial date, and the tenant in fact vacated the commercial rental property. The tenant then moved for attorney fees, arguing that the landlord did not prevail in the eviction. The trial court denied the motion for fees, noting that neither party “won” the eviction case and the separate lawsuit for rent and other alleged damages was still pending. […]
A covenant of quiet enjoyment is implied in Washington leases. The landlord warrants that once the tenant has taken possession it will not be disturbed by the landlord or any third person with a right of possession. Wrongful evictions by the landlord, actual or constructive, breach this implied covenant. Interference by third persons that cause a breach of this covenant may occur if the landlord’s estate terminates, for example by foreclosure. The third person must actually interfere with the tenant’s possession. The tenant must vacate to claim constructive eviction. In residential tenancies this condition lacks much punch in most scenarios […]
Implied in every lease agreement in Washington is a covenant, or duty of the landlord, to deliver exclusive possession to the tenant.[1] Preventing a tenant from gaining exclusive possession to land to which he or she is entitled under an agreement breaches this covenant and excuses any obligation to pay rent.[2] A tenant waives the right to rescind the lease but may still sue for damages when prevented from gaining possession of the demised premises at the beginning of the term, but waiting and occupying the premises as soon as they are available.[3] A lessee who is wrongfully refused possession of […]
I recently taught in Tacoma a seminar on landlord-tenant law. The feedback from attendees was very positive. The sponsoring organization sent an email informing me that: The attendees who filled out an evaluation rated your presentation as Excellent. Attendees’ comments: Your presentation was informative and had good materials You appeared very knowledgeable If we can assist with questions in landlord-tenant law please do not hesitate to contact us.
I have had the pleasure of presenting two landlord-tenant lectures at continuing legal education seminars this year – one in Tacoma and another in Seattle. My topic each time was landlord and tenant obligations. The seminar sponsor shared audience feedback, which was quite positive.