[WSBAPT] Probate: Removing family member from deceased's home - Unlawful Detainer or Ejectment?

[Eric Nelsen]

If the daughter was an occupant prior to the death of the parent, then she is probably a tenant-at-will who was not required to pay rent (I am guessing). Post death, it is appropriate for the PR to require payment of rent, so you can send a letter imposing a fair rent and demand payment starting right away. If she fails to pay, then you can do a "three day to pay rent or quit" and that will get you the necessary predicate to use the unlawful detainer statutes, rather than being forced to go the ejectment route.

I am not positive that the 20 day notice to terminate works, but maybe it does. My concern is that, while she is a tenant "for an indefinite time," she is not such a tenant "with monthly or other periodic rent reserved." She therefore would not fall under RCW 59.12.030(2)<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12&full=true#59.12.030>, until the Estate makes a demand for periodic rent that isn't complied with.

I have worked previously with Evan Loeffler at Loeffler Law Group on these kinds of matters, working out a way to get these kind of occupants into a scenario where the expedited unlawful detainer process is available. You might give his firm a call – they are very helpful.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, January 27, 2016 11:41 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Probate: Removing family member from deceased's home - Unlawful Detainer or Ejectment?

Good morning:

Client is PR. Deceased's daughter is currently living in home of deceased and needs to be removed. My first thought is a 20-day notice to terminate followed by unlawful detainer if she fails, but I recall a dispute about whether an unlawful detainer is appropriate for this sort of situation. Would an ejectment action be more proper? The house is being sold and the purchaser doesn't wants the daughter out as part of the transfer.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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