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Jeffrey Paul Helsdon

Jeffrey Helsdon’s Answers

5 total

  • Is this a default of a lease agreement by the tanants

    If tenant 2 tells tenant 1 they have moved out and found another residence and has removed most of thier belongings and tenant 1 notifies landlord of situation (tenant 2 has been gone for 27 days )and explains that tenant 1 can't afford rent on ow...

    Jeffrey’s Answer

    That would depend upon how long the property was vacant, what the lease provides about the requirements of the landlord with regard to an abandonment, and what the landlord has actually done about claiming that an abandonment had occurred. If the landlord relied upon the communication by tenant 1 about tenant 2's abandonment (which appears may have been reasonable because tenant 2 removed "most" of their belongings, and because tenant 2 actually "found" another residence (which, I take it, means that tenant 2 rented another dwelling unit), and relied upon the vacation of tenant 1 from the property to re-rent the space, then landlord could have a reasonable strong chance of obtaining possession of the property if he or she chooses, based upon that set of facts; assuming that nothing in the lease prevents the landlord from relying on that set of facts.

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  • I have a 60' ingress egress and utility easment on my property. how ever the current road on that easment is gravel and is 30 '

    There are hay fields bordering the road on both sides i reciently put up a fence on my side of the road along my hay field to pasture my horses for the winter. the one of the other land owners that uses the easements is say i can't do that he has ...

    Jeffrey’s Answer

    No. The fact that the existing roadway does not extend for the entire 60' width of the easement area does not result in the loss to the holders of the easement right of the remaining width of the easement. The Washington Court of Appeals for Div. III, which essentially covers Eastern Washington, held in 2007 in the case of 810 Properties v. Jump that an easement grant of a 40' wide road was not limited to the 15' wide roadway that was later constructed:

    "Generally, the dimensions of an easement do not contract merely because the holder fails to use the entire easement area. When one enters upon land under color of title, and possesses only part of the land, he or she will be deemed to have possession of the entire tract. Yakima Valley Canal Co. v. Walker, 76 Wash.2d 90, 94, 455 P.2d 372 (1969). In this case, the 1931 and 1941 deeds specifically delineate 40 and 30 foot easements. Accordingly, the trial court did not err in concluding that property owners to the south of Ms. Jump's property have a right to access easements of those respective widths."

    Because you have already constructed the fence, you may want to approach the neighbors and express to them that by constructing the fence, you are not intending to assert a claim to narrow their right to the balance of the easement area, and that you are willing to enter into a written agreement that memorializes that they have given you permission to keep the fence there until such time as they express to you that their permission is withdrawn, in which case you will do so within a certain period of time. I suggest that you consult with counsel to draft this document, assuming that your neighbors are in agreement.

    Cordially,

    Jeffrey Paul Helsdon

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  • In order to sell a percentage of an LLC can the existing partners just sell a percentage ownership of the LLfC for an amount of

    We own an llc 50% each two people. we wanht to sell 30 % to an individual and retain 35% each. can this be done with a Wash LLC?

    Jeffrey’s Answer

    Yes, it certainly can. If you sell a portion of your membership interests, you may realize gain that will need to be reported on your 1040 return for the year of the sale. Also, the sale should be structured so that you are protected from any claims by the purchaser after the sale if he or she becomes dissatisfied with the nature of the business. You should also be cognizant of the effect of any such sale on any due on sale clauses in any deeds of trusts that may have been executed by the LLC secured against real property. Further, you should examine the effect of the sale on any personal guarantees that you may have executed.

    It is probably in your best interest to obtain strong legal counsel from someone who is well-versed in structuring these kinds of transactions, as too often people attempt to do things on the fly in order to save money, and end up not having done things properly in a way that protects their financial interests. Just like you would not buy a house without property insurance, so should you not attempt to structure the transaction yourself without counsel. Consider legal counsel to be the equivalent of an insurance policy in this regard.

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  • Unincorporated Snohomish Business/Residential Zoning

    I live ina coldusac in unnicorporated Bothell. My neighbor is running a septic construction business from his back yard. He has an enormous dump truck, 2 large flatbed trailers, an industrial back hoe, 2 f350 work trucks, a bobcat, and 1 smaller...

    Jeffrey’s Answer

    Highly unlikely. Assuming that you live in a Single Family Residential Urban Zone as defined in Section 30.21.025 of the Snohomish County Code, any form of construction contracting business is not allowed within that zone. If the Planning and Development Services Department will not take action to stop the use, you may do so to obtain injunctive relief and damages against the neighbor whose use is nonpermitted, as it would constitute a nuisance that courts are willing and able to alleviate.

    I would contact Planning first. If that does not provide you with satisfaction, you should seek legal counsel.

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  • Landlord gave us three day pay or vacate notice, then gave us 20 day notice to vacate the following day. which notice holds up?

    rent normally due by the 5th. $125 late charge after that. received 3 day pay or vacate notice on the 6th, then a 20 day vacate notice the next day. i thought we still had 2-3 days to pay. do we still have a legal right to stay if we pay on time...

    Jeffrey’s Answer

    If you are on a month-to-month tenancy, both of the notices could apply. If you were to cure the default under the 3 -day notice by tendering payment of the rent prior to the expiration of that time, the landlord could still begin the unlawful detainer action after the expiration of the current month, based on the expiration of the 20 day notice.

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