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

Fri Jul 24 13:01:01 PDT 2020

Generally, the termination notice must expire at the end of the monthly
rental period. By way of example, if the 61st day fell on September 2, 2020
- you would have to have the notice terminate on September 30th to give
them until the end of the monthly rental period.

Kaitlyn

On Fri, Jul 24, 2020 at 12:56 PM Nicholas Pleasants <nick at pleasantslaw.com>
wrote:

> 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
>
> The information contained in this e-mail message may be privileged and is
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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
>
> Practicing in Indian, business, real estate, and personal injury law.
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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
>
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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
>
> 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> on behalf of Jon Fritzler <
> FritzlerLaw at outlook.com>
> *Reply-To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Date: *Thursday, July 23, 2020 at 9:44 AM
> *To: *"wsbapt at lists.wsbarppt.com" <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
>
> CONFIDENTIALITY
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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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