[WSBAPT] Holdover guests/squatters

[Kaitlyn Jackson]

I see this all the time. You are correct on all points. Proposed solution
is to amend RCW 59.12.030 as follows:

*Except as limited under RCW 59.18.650
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.650> relating to
tenancies under chapter 59.18
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18> RCW, a tenant of real
property for a term less than life is liable for unlawful detainer either:*
*(6) A person who, without the permission of the owner or after revocation
of such permission by the owner or agent of the owner and without having
color of title thereto, enters upon land of another and who fails or
refuses to remove therefrom after three days' notice, in writing and served
upon him or her in the manner provided in RCW 59.12.040
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.040>. Such person may
also be subject to the criminal provisions of chapter 9A.52
<http://app.leg.wa.gov/RCW/default.aspx?cite=9A.52> RCW; ...*

That's how I would clarify that the estate can terminate this person's
right to occupy the Property (swiftly).


Kaitlyn


On Tue, Jun 21, 2022 at 4:23 PM Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:

> Hello!
>
>
>
> In the last 2 years I am seeing more and more “guests” or “invitees” (so
> not Tenant and no Landlord Tenant Law Applicable) of a person remain in a
> home after the death of the person who owns the home.  These cases are
> costing the estate exorbitant amounts of money and the estate is almost
> always the loser in these matters.  If I have seen these cases, I suspect
> you all have too.  I am planning to try to do something about this problem
> that may seem insignificant (but I don’t think is) in the moment but which
> I believe will only get worse.  I have volunteered to begin the letter
> writing, proposed solution and follow up for this matter.  It would be very
> helpful if any of you think there needs to be a change, to provide case
> examples (of course eliminating names to protect the innocent and not so
> innocent) as well as any thoughts you might suggest to cure the problem.
> On the one hand the law says the PR has right to  possession of all estate
> assets, on the other  hand judges are afraid to “disrupt” privacy whether
> the person belongs there or not.  This is completely out of my wheelhouse
> but I can’t just sit by any longer without feeling that I gave some effort
> to the cause.
>
>
>
> Thank you in advance for you consideration and any contributions.  I am at
> the stage where I believe absurdity rules the legal system (who knows,
> maybe I’m a later comer to that 😉).
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
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-- 

Thank you,



Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*

*www.dimensionlaw.com <http://www.dimensionlaw.com/>*

130 Andover Park East, Suite 300, Tukwila, WA 98188



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