A recent Court of Appeals decision requires a 30-day notice to pay rent or vacate for any residential property with a federally-backed loan (FHA, Fannie Mae, Freddie Mac, etc.). The court was interpreting provisions of the federal CARES Act. Although state law requires only 14 days’ notice to pay rent or vacate, the court held that federal law preempts state law and requires 30 days’ notice if there is a federally-backed loan. The same statute applies to tenancies where the tenant receives Section 8 benefits. If the tenant being evicted is a Section 8 beneficiary, then a 30-day notice to […]
Washington Eviction Law
5 posts
Sometimes a tenant owes the landlord for more than just the current month rent. If a tenant offers money short of the total amount owed, it is important that the landlord apply the payment to the oldest month first. Otherwise, in an eviction or civil action the court might hold that the landlord waived the prior months. For example, if the current month is February and the tenant has not paid any rent this year, then offers the amount of one month rent, the landlord should apply the payment to January, not February. If the tenant notes on the payment […]
A husband and wife owned a home that was foreclosed. The wife moved out months prior to the foreclosure auction. The purchasers at the foreclosure auction served legal notices on the husband, but did not name the wife in the notices. The foreclosure purchasers served two notices—a “twenty-day” notice to vacate, and also a statutory notice all foreclosure purchasers are required to serve on occupants after a foreclosure auction. The husband did not vacate the home. The foreclosure purchasers brought an eviction (unlawful detainer action) against the husband. The husband argued that the notices served prior to the eviction lawsuit […]
FPA Crescent Associates, LLC (FPA) owns the Crescent Building in Spokane, Washington. It leased a portion of the building to Pendleton Enterprises LLC (Pendleton). The lease defined the “lease term” as beginning on the commencement date and ending on the expiration date, unless terminated sooner pursuant to the express terms and conditions of the lease. The lease authorized FPA to terminate the lease on any event of default. The lease terms provided that if the tenant defaulted on any of its terms, the landlord then had “the option to terminate this Lease, in which event Tenant shall immediately […]
After several unsuccessful attempts to personally serve a tenant with a summons and complaint, the landlord got a court order allowing service. The landlord then had a process server post and mail the summons and complaint along with a notice requiring the tenant to either pay rent into the court registry or serve a sworn statement that no rent is owing. The tenant served the landlord attorney’s office with a response to the eviction complaint, but did not deny rent was owed and did not pay rent into the court registry. The landlord moved for a writ of restitution. The […]