[WSBAPT] Ejectment Action - Pierce County

[Kaitlyn Jackson]

Sorry if this message is a little confusing, I'm on leave and on vacation
so I'm drafting it with speed.

I can't totally discern from the facts presented but it sounds like the
landlord and tenant share the same household and landlord wants MIL/tenant
to vacate? If this is the case, and there was rent paid at any point (which
would be proof that there was a rental agreement even without a written
lease), then the LL can serve a 20 day notice terminating the tenancy and
requiring the tenant to vacate. In the new just cause statute, where the LL
and tenant share a house, then the tenancy and right to occupy can be
terminated with this short notice period.

If the LL and MIL/tenant do not currently share the home, then a 90 day
notice to personally occupy would work (assuming LL wants to occupy) or a
stipulation agreement (or CR2A). However, the tricky part about those
agreements is that they are only enforceable if a case has commenced. If
there's no basis for a claim of UD, then there can be no case to commence
and therefore no enforceable CR2A and/or Stipulation Agreement.

So, if LL wants to get something in writing to be enforceable - it really
needs to be some form of notice to terminate that complies with the state
and local laws. Then, once a notice has been served, a cash for keys
agreement could encourage the MIL/tenant to vacate before the expiration of
the notice. Don't give any money until the tenant has vacated (or only give
it to qualified 3rd parties such as a deposit directly to the tenant's new
landlord).

Kaitlyn

*Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*


On Mon, Mar 28, 2022 at 12:20 PM Gwendolyn Cornwell <Gwendolyn at glgmail.com>
wrote:

> 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
> 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>
> *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
> 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,
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> have received this email in error, please delete it entirely from your
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>
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>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *Cc:* 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 <
> 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>
> *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 <jen at appletreelaw.com>*
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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
>
>
>
> 1.888.926.2607 phone
> 1.877.684.1627 fax
>
> Address for correspondence:
>
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> Spokane, WA 99203
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-- 

Thank you,



Kaitlyn R. Jackson, 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/>*

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