[WSBAPT] Termination of lease

[Kaitlyn Jackson]

It's worth noting that the Proclamation further defines the "significant
and immediate risk" issue.

"For purposes of this Proclamation, a “significant and immediate risk to
the health or safety of others created by the resident” (a) is one that is
described with particularity, and cannot be established on the basis of the
resident’s own health condition or disability; and (b) excludes residents
who may have been exposed to, or may have contracted, the COVID-19, or who
are following Department of Health guidelines regarding isolation or
quarantine."

The reality here is that the answer is very fact-specific, and may have
significantly different results depending on which Commissioner hears the
case.

If there's crime "at the property" there's some case law that suggests that
the person or persons being evicted are the actual parties engaged in the
criminal conduct. Criminal conduct, in itself, is not enough under the
Proclamation - it has to be conduct that is a "significant and immediate
risk to the health and safety of others" or "the property."

I would suggest doing a thorough public records request for the local PD
because (1) some jdxs are taking a very long time to provide police
reports; and (2) even if you win the eviction with the Commissioner, some
of the Sheriffs are requiring that police reports be attached that justify
the eviction. Essentially, they have a district attorney look at the order
and the file and determine on their own if the eviction order meets the
standards set by the Proclamation.

I'm happy to discuss these hurdles if you want some of my time next week.
Just shoot me an email and I'll fit you in.

Kaitlyn Jackson

On Fri, Jul 31, 2020 at 4:43 PM John McCrady <j.mccrady at pstitle.com> wrote:

> The moratorium is here
> <https://www.governor.wa.gov/sites/default/files/20-19.1%20-%20COVID-19%20Moratorium%20on%20Evictions%20Extension%20%28tmp%29.pdf?utm_medium=email&utm_source=govdelivery>.
> 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
>
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> *From:* 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>
> *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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-- 
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*|
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