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Matt Thomas Adamson

Matt Adamson’s Answers

5 total

  • Are there any commercial landlord/tenant statutes in WA? If so, can you show me where to look? If not, do we follow the

    residential landlord/tenant statutes?

    Matt’s Answer

    It depends on what you need the statute for. If you are trying to evict a tenant, then yes, RCW ch. 59.12 applies to commercial landlord tenant disputes. You can find it here:
    http://apps.leg.wa.gov/rcw/default.aspx?cite=59.12

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  • Early lease termination and landlord harassment:

    I live in a house share where i signed a 6 month lease. Continual 3-6am noise violations, and pot smoke left my health deteriorating and a rodent infestation problem was left unfixed by the landlord who lived upstairs. I gave written notice to bre...

    Matt’s Answer

    It's not entirely clear from the facts you have presented, but what you will want to try and prove is that you were "constructively evicted" by the landlord due to a breach of the covenant of quiet enjoyment. Implied in every lease is a covenant of quiet enjoyment that essentially states that the landlord may not do anything that interferes with your quiet and peaceful possession of the premises. A failure to eradicate a rodent infestation has been found to be grounds for terminating a lease early as long as you move out and stop paying rent.

    This is not legal advice and may want to consult an attorney and provide a more detailed satement of facts to determine whether you have any legal rights vis a vis the landlord.

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  • When is a judgement entered into the public record after the conclusion of a trial?

    At an upcoming trial, the judge may decide that one party or the other should be awarded "damages", But the amount of those damages could be determined at a later hearing, At what point is a judgement entered into the public record , After the ...

    Matt’s Answer

    A judgment is not entered until the judge determines the amount owed by the losing party. So if the amount of damages is decided at a later hearing, then a judgment would not be entered until after that hearing.

    As for the bond, a bond is not required in order to appeal. However, if the losing party appeals and wants to prevent the other side from collecting the judgment against them during the appeal, then they have to post a bond. Then, if the party appealing loses their appeal and does not pay the judgment, the other side can collect the judgment from the bond. If there is no concern about preventing collection of a judgment during the appeal, there is no need to post a bond.

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  • How can I defend myself against an infringement lawsuit if I feel that I did not do anything wrong?

    I created a website that has some similarities to a copyrighted e-book, whose author is claiming infringement. I wrote 99% of the material myself (a friend wrote a small section for me on a subject I have no experience with), but I have no way of ...

    Matt’s Answer

    I would need to see the two works to be able to provide a more complete answer, and I cannot provide legal advice via this process, but generally speaking the e-book author would have to have a registered copyright to file a lawsuit. If he or she has not registered it yet, the author could register it now and then sue. They would have to prove that their work is original. They would have to prove that you had access to their work, and then that your work, or portions of it is substantially similar and try and convince a judge or jury that you copied it. Then, they would have to prove damages in order to get a money judgment, or they could just be asking for an injunction to make you take down the allegedly infringing portions. To prove your innocence you could bring in witnesses who worked with you to testify about the originality of your work, or other records (drafts, notes, etc), proving you created the product. Sometimes expert witnesses can testify about how the two works are different, though that may not be appropriate here. If you're interested, I'd be happy to take a look at it for you and discuss further during a free one hour consultation. I'm in Seattle at 206-292-1994. Matt Adamson.

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  • How is ownership determined for real estate that was owned by a company that has been administratively dissolved?

    Forinstance, a piece of land is purchased by XYZ Corp., which holds sole title to the property. Subsequently, XYZ's state fees aren't paid and the company dissolves, with no possibility of being reinstituted. How is ownership determined?

    Matt’s Answer

    XYZ Corp. still owns the property. See RCW 23B.14..050 at this website: http://apps.leg.wa.gov/RCW/default.aspx?cite=23B.14.050. Although the corporation is dissolved, it still exists only to wind up its affairs, which includes selling the property. Also, as long as dissolution was less than 5 years ago, it could be reinstated under RCW 23B.14.220, though that is not necessary to sell the property.

    Matt Adamson

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