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Scott Roberts Weaver
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Scott Weaver’s Answers

9 total

  • Can a landlord unreasonably withhold an assignment or transfer of a commercial lease?

    Is it possible for a landlord to unreasonably withhold us from assigning or transfering a commercial lease? I will also add this started as a month to month rental agreement and we updated to add a 2 yr landlord guarantee as well as a some lan...

    Scott’s Answer

    What does your lease say? Most commercial leases have a section on assignment and subletting. Covenants against assignment are enforceable.

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  • How does bankruptcy affect a business lease?

    How long after I go bankrupt, will I need to vacate the space my business is currently occupying? Or, is there anything in bankruptcy law that allows the business some time in it's current space too liquidate our stock? My lease ends in Septembe...

    Scott’s Answer

    • Selected as best answer

    The lease is not automatically rejected in most bankruptcies. However, if you do not stay current with your post filing lease obligations during bankruptcy, the landlord will move to reject immediately your lease and retake your possession. If a trustee is appointed, the trustee will oversee the liquidation of your inventory. Your bankruptcy counsel will be able to guide you through this process.

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  • WA state landlord tenant act, RCW 59.18.060, landlord's duties

    Hi, I had a question regarding RCW 59.18.060 of the Washington State Landlord duties law. Section 11 states that a landlord must at the time of move in must provide the tenant with a written notice or checklist of 1-7. If a landlord does not pr...

    Scott’s Answer

    See below for some of your remedies. Courts are very reluctant to forfeit a lease unless the defaulting party materially defaults. Failure to perform the duties above is not a material default in my opinion. Based upon your post, I get the feeling that you are looking for an out under your lease. I highly doubt that a court would allow you to use these defaults as your out.

    RCW 59.18.070
    Landlord – Failure to perform duties – Notice from tenant – Contents – Time limits for landlord's remedial action.

    If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him by law, deliver written notice to the person designated in *RCW 59.18.060(11), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control:

    (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;

    (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and

    (3) Not more than ten days in all other cases.

    In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.

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  • Can a new landlord/owner of an apartment building request tenants to pay an additional amount for the security deposit

    My apartment building has recently been sold. The new owner has requested that I pay an additional $250 security deposit for potential clean up and unpaid utilities if and when I move out. When I moved in there over 1 year ago...I paid a one month...

    Scott’s Answer

    First of all, look at the statute below. Secondly, review your lease. You should be able to answer your question with the statute and your lease. That said, if your lease term has expired, a landlord can ask you for additional security monies when negotiating a new lease. Email me if you have further questions AFTER reviewing your lease and the statute. Scott sweaver@jbsl.com

    59.18.260. Moneys paid as deposit or security for performance by tenant--Written rental agreement to specify terms and conditions for retention by landlord--Written checklist required

    If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises.

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  • WA state landlord tenant act, commerical lease, dispute with new property manager/landlord

    I’m a small business owner leasing a part-time office from a company since 2 years ago. A new manager came on board (after my current lease has been automatically renewed) saying that the company can no longer honor the negotiated terms that are i...

    Scott’s Answer

    As I read your post, I am reminded of how so many commercial tenants don't have their leases reviewed by an attorney before they sign them. A lease review and evaluation can be done in an hour or two. The best couple hundred dollars you will ever spend. One of my colleagues has a number of frugal tenant clients. They have learned never to sign without a quick review.

    Conversely, in your situation, an attorney experienced in commercial leases, could probably review an evaluate your situation in an hour. People will spend great amounts of money on clothes, but they won't spend a few dollars on a contract that has huge financial implications that last for 5 or 10 years. My point is obvious. Spend a few bucks to determine your situation. Nobody can truly evaluate your situation without looking over the documents.

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  • Landlord tenant laws in WA, tenant's right to evict roommate

    What do i have to do to get him out of my house. I want him to go now but i know he has some rights. I think if im not wrong i have to tell him by the 9th or 10th ( 20 days notice)? is that right. And can he screw with me? i aleready have a new re...

    Scott’s Answer

    If a tenant is behind on rent, you typically serve him with a 3 day notice to pay or vacate. If he/she fails to vacate, you sue to evict. Unfortunately, it is not a simple process, and courts require that landlord's comply with the statute (RCW 59.18).

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  • What defines evictions in a term lease?

    I have a 11 1/2 month lease in Seattle Wa that has a stipulation that 30 days notice must be given by the landlord to comply with any deficiences in the lease. If I fail to comply does mean he can evict me or does he have to go through other proce...

    Scott’s Answer

    Your question is a bit unlear. You should provide more detail. I will make some assumptions. I am assuming that your landlord alleges that your landlord has alleged that you are failing to comply with a term of the lease other than failure to pay rent. I assume your landlord has given you a written demand to comply. I assume you have not. If you don't comply, your Landlord, if he has not already, will give you a Notice To Cure Or Vacate The Premises. If you fail to cure, your landlord will sue to evict you. Like any lawsuit, you have the opportunity to dispute the allegations of the landlord and to present defenses. Possibly the landlord's code violations may work to defeat the landlord's action. However, if the court does not accept your defenses, the landlord might succeed and obtain a writ directing the sheriff to evict you and obtain a monetary judgment against you. Moreover, all of this is a huge black mark against your credit. Before things get too ugly, you should probably consult with an attorney.

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  • Commercial tenant's right under WA state landlord tenant act, lost business because of landlord's repairs made space unusable

    Does a commercial tenant have the right to be reimbursed for business lost due to the landlord doing repairs without notice that made the space temporarily unusable due to potentially toxic fumes?

    Scott’s Answer

    As stated by another commentator, your lease must be reviewed. Additionally, under Washington common law, you might have an argument that the landlord interfered with the covenant of quiet enjoyment. If the landlord breached the lease or the covenant of quiet enjoyment, the tenant might be entitled to damages.

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  • WA commerical landlord tenant act, tenant's responsibility for early termination of lease

    I have a commercial lease for 5 years. My company is going out of business. The landlord is willing to lease to another person, but the rent is double what I am paying. the landlord says I am responsible for the rent until the space is rented. ...

    Scott’s Answer

    You might have a defense if the landlord is seeking a rent that is far above the market. For instance, if the market dictates that the landlord could get $10,000 per month, but the landlord is asking $20,000 per month, the landlord is not being reasonable. You could argue that the landlord has failed to mitigate damages. If succesful, the landlord would not be entitled to damages against you.

    You should review your assignment/sublease provision in your lease and attempt to find a tenant to step into your shoes.

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