Stipulated Agreement Opinion

On Wednesday, June 12, Division II of the Washington Court of Appeals published an opinion that will affect stipulated landlord/tenant agreements in Division II, Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, and Wahkiakum Counties.

Overview

This case, Princeton Property Management v. Allen, involved a “pay and stay” agreement signed by a tenant and landlord (both represented by lawyers) after an eviction was filed. The agreement called for the immediate issuance of a writ of restitution if the tenant defaulted.This is a very common practice.  

The tenant defaulted but was only 1 day late in paying rent.   After a writ was issued, the Allens, represented by the Northwest Justice Project, appealed the judgment.  The Court of Appeals deemed the pay and stay agreement void and unenforceable because it waived tenant rights under the RLTA through use of very broad waiver language (see opinion).

Please review with your legal counsel.

Questions?

If you have questions please contact your legal counsel directly.