[WSBAPT] Termination of lease

[Paul Neumiller]

All great ideas.  Thank you for letting us know what the courts (at least some courts) are doing,


[cid:image001.jpg at 01D6698D.E9C07DE0]


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Monday, August 3, 2020 8:54 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Termination of lease

I recently obtained a writ of restitution for a client where the tenant was damaging the dwelling inside and out (ripped out wall in mobile home and cutting down trees) and assaulting a live-in girlfriend who was not a part of the lease. Sheriff's deputies had been called to the dwelling a handful of times in the last few months. The tenant was an off and on hard drug user. One Sheriff's incident report documented that tenant's girlfriend admitted to the deputy that he assaulted her the day before.
I supported the 3-day notice with an affidavit signed by the property owner attesting to these facts. I set out the facts in the complaint and attached the Sheriff's Incident Reports as exhibits. The judge had no problem signing the order.

I have a show cause hearing this Friday on another eviction. I again have a Sheriff's Incident report wherein the LL's partner tells a deputy that when he was walking to the door of the tenant's dwelling when the tenant showed up, pulled a shotgun out of his car and brandished it at the LL's partner and allegedly said "get off my property or I will kill you." The tenant did not deny brandishing the shotgun but said he "did not remember" what he said to the LL's partner.

We set that out as an "immediate and significant threat" to the LL and her partner. The judge was happy to sign my order setting a show cause hearing, but we'll see how the hearing goes this Friday. Just an FYI, if you decide to go forward with a Summons and Complaint, I have been asking the judge for a determination that the facts meet the exception in the Governor's Proclamation. Even more important, make sure the Order for Writ "clearly states that it was issued based on a court's finding that the individual(s) named in the eviction order are creating a significant and immediate risk to the health, safety, or property of others.." That language is included in the proclamation and the Sheriff's office will want to see that before executing the writ.

Best of luck,
Tim

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

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From: Ken Luce <Ken.Luce at lucelawfirm.com<mailto:Ken.Luce at lucelawfirm.com>>
Sent: Friday, July 31, 2020 5:52 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Termination of lease

Thank you
Sent from my Verizon, Samsung Galaxy smartphone

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
Sent: Friday, July 31, 2020 4:40:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Termination of lease


The moratorium is here<https://eur06.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.governor.wa.gov%2Fsites%2Fdefault%2Ffiles%2F20-19.1%2520-%2520COVID-19%2520Moratorium%2520on%2520Evictions%2520Extension%2520%2528tmp%2529.pdf%3Futm_medium%3Demail%26utm_source%3Dgovdelivery&data=02%7C01%7C%7Ca2ed7976658346f6fdb408d837c60d1b%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637320671046855129&sdata=xeCLUu%2Fc5%2F6JzE55Wt5cXPVqEGsAP53C4XIUiaLLjNM%3D&reserved=0>.  It contains the following language:

This prohibition applies unless the landlord, property owner, or property manager attaches an affidavit attesting that the action is necessary to respond to a significant and immediate risk to the health or safety of others created by the resident.



That is the only exception that I know about.



John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ken Luce
Sent: Friday, July 31, 2020 3:49 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Termination of lease





 My clan has a   Client that is 7 months behind on rent. In addition property is being damaged, police are called, fights with neighbors.

Can we evict?



Ken luce

Sent from my Verizon, Samsung Galaxy smartphone

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