[WSBAPT] Shutting off utilities to decedent's former residence that is occupied by non-tenant

[Jon Fritzler]

Hi Nick,
We have already made an offer of “Cash for Keys” to the girlfriend but she has not taken us up on it thus far.

I agree that shutting off the utilities is a bad strategy but my client nonetheless wanted to know if he could do it as a last resort.  I will advise him against it.

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Thursday, July 23, 2020 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Shutting off utilities to decedent's former residence that is occupied by non-tenant

Hi Jon,
We had an e-mail thread about this on July 1. I advised you in that e-mail thread that the holdover girlfriend is considered a “tenant at will” or “tenant at sufferance” entitled to protections of Chs. 59.12 and 59.18, RCW.
I suppose your question now is whether she has protections under Ch. 59.20 RCW. I would argue yes, under the same legal principles.
Shutting off utilities to any building that is occupied, whether by “squatters” or otherwise, is inhumane, and terribly disfavored under Title 59. That is a bad strategy.
Maybe this is a situation where a “Cash for Keys” strategy is appropriate. The PR can consider paying the girlfriend a reasonable sum as a relocation incentive to get her to vacate. That would be my recommendation.
Best,
Nick
Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Jon Fritzler <FritzlerLaw at outlook.com<mailto:FritzlerLaw at outlook.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Thursday, July 23, 2020 at 9:44 AM
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Shutting off utilities to decedent's former residence that is occupied by non-tenant

Decedent’s mobile home continues to be occupied by his girlfriend, who was not a tenant as she was not paying rent and who has no claim to the property as an heir or beneficiary. I represent the Personal Representative who intends to sell the mobile home. We gave a 60-day notice to terminate occupancy pursuant to Proclamation 20-19.2.  Can the PR shut off the water and electricity to the mobile home in the meantime?  If not, how about at the expiration of the 60-day notice if the girlfriend has not vacated?

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.

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