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

Wed Jul 29 14:48:04 PDT 2020

I had a PC call and said that their month to month tenant refused to let them show the house to any prospective buyer because of the Moratorium.  Are showings not allowed.  Are we still waiting for midnight on August 1 for the end?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Kaitlyn Jackson 
Sent: Friday, July 24, 2020 1:01 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Shutting off utilities to decedent's former residence that is occupied by non-tenant

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

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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

  NOTE: THIS IS A CONFIDENTIAL MESSAGE! If you are not the intended recipient, please delete and notify the sender that you received it in error. DO NOT DISTRIBUTE OR COPY THE MESSAGE. Thank you.

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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

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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

  CONFIDENTIALITY
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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
  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. Thank you.

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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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