[WSBAPT] Removal of squatters

Mon Feb 14 18:23:41 PST 2022

I don't think this case would fall under landlord/tenant law as there is no
"rental agreement." I would skip the likelihood of arming this "tenant"
with a free attorney and serve a notice demanding possession and then an
ejectment suit. They can pay for their own attorney that way and it's not
necessarily slower than any landlord/tenant case anymore.

Kaitlyn

On Fri, Feb 11, 2022 at 12:13 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Well, there is certainly value in the added language if it gets an
> indigent tenant to start the court-appointed process going sooner rather
> than later.  Have a great weekend.
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Craig Gourley
> *Sent:* Friday, February 11, 2022 10:51 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Removal of squatters
>
>
>
> I see no legal basis for half the decisions the courts are making in the
> LLT arena right now.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Friday, February 11, 2022 10:45 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Removal of squatters
>
>
>
> Thank you for the follow up.  While I agree with the result, I do not
> agree with the reason given by the court for the extension.  The issue here
> is not whether a tenant is entitled to a court appointed attorney but
> rather the sufficiency of the vacate notice.  My reading is RCW 59.18.640
> gives every tenant the right to legal counsel if the tenant is “indigent.”
> In Island County, the judges are asking *every* tenant if he or she
> qualifies as an indigent person and therefore is entitled to a free
> attorney.  So, in Island County, it doesn’t matter whether your extra
> language is in the vacate notice because the judge is going to ask the
> tenant the same “indigent tenant” questions *anyway*.  Here, when the
> tenant shows up and says the tenant qualifies for a free attorney, the
> court automatically grants an extension of the show cause hearing.
>
>
>
> It would be interesting if the county in your example is willing to say
> the tenant is not entitled to a court-appointed attorney if your
> non-mandatory language is in the vacate notice but the tenant failed to
> arrange for a court-appointed attorney ahead of time.  I see no legal basis
> for that position.
>
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>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Gwendolyn Cornwell
> *Sent:* Thursday, February 10, 2022 4:48 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Removal of squatters
>
>
>
> 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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> IMPORTANT NOTICE:  This e-mail message is intended to be received only by
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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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Thank you,

Kaitlyn R. Jackson, Attorney

Dimension Law Group, PLLC

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