[WSBAPT] Removal of squatters

[Gwendolyn Cornwell]

It isn't there for each type of notice, however, the courts are leaning toward protecting the tenants in many types of cases, so we are including it in every notice to vacate.  One county recently gave a tenant an extension to get an attorney when they had not been given this information in a non-monetary notice despite acknowledging that the right is not listed in the statute.  I prefer to give it to them up front to avoid delays in court.  Sorry I did not clarify that.

Gwendolyn Cornwell
Attorney

Gourley Law Group
The Exchange Connection
Snohomish Escrow
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-1717



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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, February 10, 2022 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Removal of squatters

Gwendolyn, where is the requirement that a non-monetary default notice must include "the right to an attorney and information regarding programs that may help pay for the attorney"?  I do not find that requirement anywhere in RCW 59.18.650(6)  or in RCW 59.18.640 or in RCW 59.12.040.  I seem to have missed this requirement.  Where is it?


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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 Gwendolyn Cornwell
Sent: Thursday, February 10, 2022 9:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Removal of squatters

Ken,

As one person had permission to move in, I would treat it like a tenant that allowed unauthorized persons to move in rather than as trespassers.  This would be addressed with a 20-day notice to vacate pursuant to RCW 59.18.650(2)(i) if they share the dwelling with the elderly man.  If they do not vacate, it would be followed by a complaint for unlawful detainer and a motion for order to show cause.

You do need to make sure the 20-day notice includes the right to an attorney and information regarding programs that may help pay for the attorney.  Because it is not a 14-notice for failure to pay rent, you do not need to include the new ERPP notice.

Gwendolyn Cornwell
Attorney

Gourley Law Group
The Exchange Connection
Snohomish Escrow
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-1717



CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender & delete all copies.

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 Ken Luce
Sent: Wednesday, February 9, 2022 11:04 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Removal of squatters

An elderly man allowed a person to stay in his house and and others soon followed and there are 6 living with him at this time no rent has ever been paid he would like to get them out Yet. Any suggestions on the process that we need to follow or are they trespassers?

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