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

Fri Jul 24 12:53:43 PDT 2020

Wow! That is going to put a huge strain on small-time landlords.
If that is the case, then have your Summons & Complaint for Unlawful Detainer ready to go and serve them on the 61st day. And move for default as soon as you can. Then get your Writ of Restitution and get the Sheriff to put them out. Whole process will take about 90 days, but I don’t see a faster alternative.
Best of Luck!
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> on behalf of Stuart Ainsley <stuart at ainsleylaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Friday, July 24, 2020 at 12:06 PM
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

Have a client who recently purchased a property in Snohomish County and there was a large outstanding water bill as the water district refused to shut off water during Covid even though the water district knew the water pipe was leaking under the easement road.

Stuart

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Craig Gourley <craig at glgmail.com>
Sent: Friday, July 24, 2020 11:35:30 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Shutting off utilities to decedent's former residence that is occupied by non-tenant

Don't pay the bill and they will shut them off without you asking.
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Shaw Law <david at shaw-law.net>
Sent: Friday, July 24, 2020 11:22:52 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

My understanding is that utilities will expressly and emphatically deny any request to shut off utilities for squatters.  So these proposals are usually dead on arrival from a mere practical point.

David D. Shaw, Attorney

Shaw Law Group | P.O. Box 12050 | Portland OR | 97212

503.221.4260 (tel) | 503.221.4267 (fax) | www.shaw-law.net

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jon Fritzler
Sent: Friday, July 24, 2020 10:55 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 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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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>

The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.

If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.

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>

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