Stamper Rubens P.S.
720 West Boone, Suite 200
Tel: 509 326 4800
Dear Isaac Smith,
This is in response to your Ten (10) Day Notice to Comply or Vacate dated April 28, 2022. The
Notice intimated that I have outstanding rental payments due and I had breached some Rental
agreement provisions, therefore suggesting a reasonable repayment plan and notice to vacate the
premises.
It is my position that I have no rent due, as Thomas P. Keefe, the new owner of the premises, and
I entered into a Mutual Agreement to Terminate Tenancy dated March 1, 2022. The Mutual
Agreement was sent via email. (Find it attached below).
The Mutual Agreement stated that Mr. Keefe had waived outstanding rent owed under the Lease
Agreement and all future rent that may be owed under the Lease Agreement and that the Lease
term shall end on June 30, 2022. The Mutual Agreement to Terminate Tenancy further stated
that all Tenants were allowed to vacate the Premises by or before midnight on June 30, 2022.
The consequence for failure to terminate the Lease after the stated date would be: the Tenant will
be required to pay Mr. Keefe the full monthly rental amount for each month of waived rent, at a
monthly rental amount of $ 1600, or Mr. Keefe would initiate legal proceedings to have the
Tenants removed from the Premises.
Subject to the terms of the Mutual Agreement to Terminate Tenancy, Mr. Keefe’s Notice to
vacate the premises within 10 days is unfair, unreasonable, and in contravention to the Mutual
Agreement. The Tenants were allowed to stay on the premises until June 30, 2022, and their rent
was waived. Therefore, we should be allowed to stay at the Premises until June 30, 2022.
With regard to the breach of the provisions of the Lease Agreement, I undertake hereby to clean
and properly maintain the leased Premises for the remaining term of the Agreement, remove all
unauthorized occupants from the Premises, and remove all unauthorized pets from the Premises.
I will provide the Landlord a written confirmation that I have not utilized the Premises for
commercial purposes and do the necessary repairs.
Please consider the Mutual Tenancy Agreement entered into by the owner of the premises and
the Tenant and provide good and prompt communication as to the way forward while
considering my undertakings.
Yours Sincerely,
Sukiela Wright.
MUTUAL AGREEMENT TO TERMINATE TENANCY
This Mutual Agreement to Terminate Tenancy (“Agreement”), is made and entered into
on March 1, 2022, regardless of the date of execution, by and between THOMAS P. KEEFE
(“Owner”) and SUKIELA WRIGHT, and all other occupants in possession of the Premises as
defined below (“Tenants”).
RECITALS
A. Whereas, the Owner owns certain real property and improvements thereon
commonly known as 2207 West Buckeye Avenue, Spokane, WA 99205, with a Spokane County
Parcel Number of 25122.3207 (the “Premises”);
B. Whereas, at the time of the execution of this Agreement, the Tenants have three
(3) months of outstanding rent due and owing under that certain lease agreement executed
between the Tenants and the prior owner of the Premises, dated January 1, 2020, which has since
become a month-to-month lease agreement (the “Lease Agreement”);
C. Whereas, the Owner purchased the Premises with the intent of leasing said
Premises to an individual other than the Tenant(s) listed on the Lease Agreement;
D. Whereas, the Owner and Tenants desire to enter into this Agreement to set forth
the terms and conditions relating to the mutual termination of Tenants tenancy at the subject
Premises;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained, and intending to be legally bound hereby, the Owner and Tenants mutually agree as
follows:
- Owner’s Agreement to Waive Rent. In consideration for Owner’s agreement to
waive outstanding rent owed under the Lease Agreement, and any and all future rent that may be
owed under the Lease Agreement, Tenants agree to vacate the Premises on the terms and
conditions contained herein. - Mutual Agreement to Terminate Tenancy; Tenants’ Notice to Owner. In
consideration of the foregoing, the Tenants agree that their tenancy at the Premises shall end on
June 30, 2022, and that they, and any and all subtenants, shall vacate the Premises by or before
midnight on this date. Tenants specifically intend, acknowledge, and agree that this Agreement
shall serve as Tenants’ written notice to end their periodic tenancy, given by Tenants to the
landlord, required under RCW § 59.18.200(1)(a). To the extent applicable, the parties hereto
also agree and acknowledge that this Agreement shall serve as a written mutual consent to
terminate tenancy set forth under RCW § 59.18.650(5).
- Tenant Personal Property. After Tenants have vacated the Premises, any personal
property left behind shall be dealt with in accordance with applicable provisions of the Lease
Agreement and the Residential Landlord Tenant Act, RCW §§ 59.18 et seq. - Default. In the event that the Tenants, or any subtenants, fail to vacate the
Premises by or before midnight on June 30, 2022, Tenants shall be in default of this Agreement.
Upon default of this Agreement, Tenants shall be required to pay Owner the full monthly rental
amount for each month of waived rent, at a monthly rental amount of $1,600 as set forth in the
Lease Agreement. Further, in the event that Tenants are in default of the terms of this
Agreement, Owner may initiate legal proceedings to have the Tenants removed from the
Premises, in accordance with the laws of the State of Washington in effect at the time. - Conflict with Lease Agreement. In the event that there is a conflict between the
provisions set forth in the Lease Agreement that may exist and the provisions of this Agreement,
the provisions of this Agreement shall prevail. - Miscellaneous.
(a) All individual provisions, paragraphs, and sections in this Agreement shall
be severable and if any one or more of such provisions, paragraphs, or
sections are determined by any Court having proper jurisdiction to be in
any way unenforceable, such determination shall have no effect
whatsoever on any of the remaining paragraphs, provisions or sections of
this Agreement.
(b) This Agreement constitutes the entire Agreement between the parties
concerning the subject matter contained herein and no modification or
addition to it shall be binding unless signed by the parties hereto.
(c) Time for fulfillment of each and every term of this Agreement is deemed
to be of the essence.
(d) The drafting and negotiation of this Agreement has been participated in by
each of the parties hereto. For all purposes, this Agreement shall be
deemed to have been drafted jointly by each of the parties hereto.
(e) No representations or warranties, other than those set forth in this
Agreement, have been provided to Tenant and no representations or
promises have been made to the Tenant in order to obtain signatures to
this Agreement other than those specifically set forth in this Agreement.
(f) The Tenants represent and warrant that they fully understand the terms of
this Agreement and have had the opportunity to consultant an attorney
regarding this Agreement to the extent that they deem necessary.
Agreed and accepted as of the date set forth above:
Owner:
THOMAS P. KEEFE
Tenants:
SUKIELA WRIGHT
Print Name:
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