[WSBAPT] Ejectment Action - Pierce County

Mon Mar 28 12:18:10 PDT 2022

If your client offers to pay her to move out, there should be a set date, and she doesn’t get paid until she is completely out and hands over the keys.  If your client has to help pay for the move, they pay the movers directly after she confirms the date with the moving company.
Your client could likely give her a 20 day notice if she shares a kitchen or bathroom with your client rather than renting the whole house.
The 90 day notice should also work if they can’t use the 20 day 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) 568-8092

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brian Andrews
Sent: Monday, March 28, 2022 12:10 PM
To: WSBAPT at lists.wsbarppt.com
Subject: Re: [WSBAPT] Ejectment Action - Pierce County

Just thought I would solicit other opinions, after I sent my individual question re occupant of landlord’s home below.

Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<http://www.hawklaw.biz/>.

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From: Brian Andrews
Sent: Monday, March 28, 2022 12:09 PM
To: 'crbink at brinkawlaw.com' <crbink at brinkawlaw.com<mailto:crbink at brinkawlaw.com>>
Subject: RE: [WSBAPT] Ejectment Action - Pierce County

Hi Clinton,

I have a similar situation to the one which you answered below. Mother-in-law has rented a room in my client’s house for several years, with a nominal monthly rental; no written lease. She is now not paying. I wonder a couple things, if you don’t mind obliging me:

  1.  Paying her seems like a good idea. But how to enforce that? Write out a CR2A that authorizes an ex parte writ, reciting the consideration? I’m in Walla Walla County, but even out here, courts can be pretty tenant-friendly.
  2.  What about a 90-Day Notice to Quit because LL wants to move in? So much longer, but seems like a safe bet?
  3.  Otherwise we go for ordinary 14-Day Notice to Pay or Vacate?

I would be interested in a demand for possession and then seek a writ of ejectment. But that seems cumbersome and risky.

Penny for your thoughts.

Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<http://www.hawklaw.biz/>.

This email is intended only for the named recipient(s) or their designees, and may contain legally privileged or confidential information.  If you have received this email in error, please delete it entirely from your computer and notify the sender.  Thank you.

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 Kerry Brink
Sent: Wednesday, February 16, 2022 3:35 PM
To: Clinton Brink <CBrink at brinkatlaw.com<mailto:CBrink at brinkatlaw.com>>
Cc: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ejectment Action - Pierce County

Hi All,

Landlord-tenant attorney here. I’ve received several forwarded emails from this listserv. I thought I’d share what I can.

In my experience, courts are very reluctant to evict an errant family member refusing to leave, especially when the family member claims an ownership interest in the premises. It doesn’t matter if the ownership claim is bogus—the courts will seemingly use any excuse to say no to an eviction and set the matter over for trial.

Therefore, cash for keys should usually be a landlord’s primary strategy, especially with an unusual fact pattern. We’ve recently had some luck with obtaining rental assistance for delinquent tenants and then using some of the assistance funds to pay the tenant to leave. That may be a strategy worth considering for cash-poor estates, even if the inhabitant was a family member, because rental assistance seems to be pretty flexible on its definition of “tenant.” However, you need to be careful about how you structure the settlement/termination of tenancy agreement, since usually one of the conditions of rental assistance is that the landlord can’t terminate the tenancy for six months.

If the inhabitant is a bona fide squatter or trespasser, then the landlord may also want to consider locking the inhabitant out. Obviously there are risks associated with this strategy if there’s any argument the inhabitant has a legal right to occupy the premises, so this strategy should never be used for actual tenants or anyone with a non-frivolous claim of ownership.

If the above two strategies don’t work or aren’t available, your client will have to try an eviction and/or ejectment action against the inhabitant. An ejectment action is the only way to go if the inhabitant can be characterized as a tenant at will (i.e. the inhabitant was initially permitted to stay at the premises in exchange for irregular or unusual compensation, but overstayed their welcome). However, an eviction action may be more appropriate and faster depending on the specific facts. See attached handout for complete list of allowable “causes” to evict for residential tenants (commercial is totally different).

In an eviction, the best case scenario is that your client obtains a default judgment. To obtain a default, first your client will need to issue the appropriate notice (3-120 days). After the notice period expires, your client can commence a lawsuit. From initiation of the lawsuit to the physical eviction usually takes about a month—one week to wait for the eviction summons to expire; 2-3 weeks for the sheriff to post the writ and schedule the physical eviction.

Again, I cannot overstate the extent to which King and Pierce County courts favor tenants. I could tell you stories you wouldn’t believe. Suffice to say, if your client has an unusual fact pattern (like an errant family member), your client should explore all the options short of eviction or ejectment. I hope this helps.

Best,

Clinton Brink
     Attorney

T  253.620.6577
F  253.620.6565

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 Jennifer L White
Sent: Wednesday, February 16, 2022 12:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Ejectment Action - Pierce County

Please post responses to the list. I’ve got a probate with one of those too. My client (PR) went and had a consultation with a LL/T attorney, who advised her to do a cash for keys deal with the errant relative. Client comes back to me with that information, and when I asked where they were going to get the cash, I got a long silence in response……

Jennifer L. White, Esq.

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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 Amy Goertz
Sent: Wednesday, February 16, 2022 12:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Ejectment Action - Pierce County

As some of you may recall from a previous post to this list serve, I have an estate in Pierce County in which the beneficiary needs to be removed from the house so that the house can be sold to satisfy creditors. You may rest assured that he is not going to cooperate in this endeavor unless someone is outstandingly charming and convincing.

I will need an attorney who specializes in this area of practice to accomplish this. The estate has no money and will not have any money until the beneficiary is removed and the house sold.

Any thoughts on who might be willing to help with this challenge and wait to be paid until the sale of the home?

Thanks in advance for any suggestions -

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
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Spokane, WA 99203

Additional office locations:
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