Commercial real estate loans made over the last decade – including retail properties, office space, industrial facilities, hotels and apartments – totaling $1.4 trillion will require refinancing from 2011 through 2014. Nearly half are at present “underwater,” meaning the borrower…
Read MoreEveryone will have his or her own individual and purely business issues when considering leasing new commercial space, how much space is needed, where should it be located, how much rent can be afforded and so on. There also are…
Read MoreGround Leases in General: At its most basic, a ground lease is a lease of bare, unimproved land. The essential characteristics of a ground lease are that the tenant constructs a building and other improvements on the property and all…
Read MoreVII. Sample Notice Below is a sample default notice as part of the Property Manager Survival Guide. Attached. DEFAULT NOTICE TO: (via posting, hand delivery, and regular mail) (via regular and certified mail) (via regular and certified mail) We represent…
Read MoreVI. Common Notice Pitfalls to Avoid When Providing Notice A. Terminating a Periodic Tenancy: Attempting to Terminate Mid-Period When terminating a periodic (e.g., month-to-month) tenancy, the date for termination must be at the end of the period. Washington Practice §88.6.…
Read MoreIV. Additional Requirements for Certain Notices A. Notices for Rent A landlord is required to provide a good faith statement of the amount of rent due. Merely stating that the tenant is in default of rent payments without stating the…
Read MoreIII. Requirements Common to All Default Notices It is not always clear from RCW 59.12.030 what information should be included in a notice. However, RCW 59.12.030 and case law do provide helpful guidance. A. Written Notice All notices must be…
Read MoreI. Introduction to Unlawful Detainer Notices As a general rule, prior to commencing an unlawful detainer (eviction) action, a landlord must serve the tenant, or occupant in unlawful possession of the leased premises, with a statutorily required notice. RCW 59.12.030.…
Read Moref. Judgment If the judge or jury finds for the plaintiff-landlord, then a judgment may be entered for restitution of the premises, damages (including double damages in commercial cases), forfeiture of the lease or tenancy, and for the amount of…
Read Moree. Pre-hearing Writ of Restitution In commercial cases, RCW 59.12.090, on its face, permits the plaintiff to apply to the court for a writ of restitution any time after commencement of the action after posting a bond – i.e., without…
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