[WSBAPT] Landlord Tenant Law at July 2022

Mon Jan 23 09:57:54 PST 2023

Jennifer,

Not to preempt Kaitlyn (who is a LL/T expert I constantly look to for
advice), but over the past two years, in these types of situations I just
bring an ejectment. I have not lost yet, and hopefully I'll keep it that
way as long as possible. Nonetheless, I certainly want to hear Kaitlyn's
take.

Best,
Tom

On Mon, Jan 23, 2023 at 9:55 AM Jennifer L White <jen at appletreelaw.com>
wrote:

> Kaitlyn,
>
> I would be interested (I’m sure others would be too) if you could outline
> the basic TEDRA removal procedures for us non-LL/T attorneys. The 50,000
> foot question – What is the ‘quickest’ way to get a beneficiary/heir out of
> estate property?  I ask because I have been struggling with an
> heir/resident situation for a year now in one of my probates. The estate
> hired a well known LL/T attorney, who brought the matter as a forcible
> detainer. He indicated he had done hundreds of cases that way. However,
> that approach was recently slapped down by the court and the case
> dismissed. This happened after months of hearing after hearing after
> hearing where nothing substantive was done (the court spends the entire
> calendar time allotted going over the list of cases and there is no time
> for actual hearings so you have to keep coming back). When it was finally
> heard, the commissioner said from the bench that it should instead be
> brought as a TEDRA petition and dismissed the case. Argh!!! Fortunately,
> the errant drug addled relative has now voluntarily vacated, so the need
> for further proceedings have been averted for this case, but I would like
> to hear a little more about a TEDRA removal for future reference.
>
>
>
> Thanks in advance!
>
>
>
> Jennifer L. White, Esq.
>
>
>
> *jen at appletreelaw.com <jen at appletreelaw.com>*
>
> 2200 S 76th Ave
>
> Yakima, WA 98903
>
> 509.225.9813
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Monday, January 23, 2023 9:25 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Landlord Tenant Law at July 2022
>
>
>
> TEDRA removals are different. However, we are seeing more occupants (even
> family members or beneficiaries) claim they are "tenants" (even with no
> proof or written agreement) which can complicate the process. I deal with
> that crossover often so if you need to bounce anything off of me please
> feel free to email me directly.
>
>
>
> Kaitlyn
>
>
>
> On Mon, Jan 23, 2023 at 9:19 AM Diane J. Kiepe <DJKiepe at depdslaw.com>
> wrote:
>
> Oh no -I’m just curious – I am in the midst of TEDRA removals which is
> totally different
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Monday, January 23, 2023 9:08 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Landlord Tenant Law at July 2022
>
>
>
> I just need to reiterate one more time that if you do not practice this
> area regularly - I wouldn't dabble. Not even at the notice phase.
>
>
>
> On Mon, Jan 23, 2023 at 8:53 AM Diane J. Kiepe <DJKiepe at depdslaw.com>
> wrote:
>
> Gwendolyn,
>
>
>
> Thanks for the response to this.  Do you know, when there is a potential
> sale or owner moving back in if the tenant must be given notice of their
> right to free counsel through the justice project (may not be correct name)
> still?
>
>
>
> Do you know off your cuff if it was simply a non renewal of a least at the
> expiration of the term if the notice period is shorter?  It may be worth
> considering that route if the person, although intending to move back in,
> also has a lease about to term out and the notice period is still open.
>
>
>
> *Diane J. Kiepe*
>
>
>
> Diane J. Kiepe
>
> Douglas Eden
>
> 717 W. Sprague Ave.
>
> Suite 1500
>
> Spokane, WA  99201
>
> djkiepe at depdslaw.com
>
> 509-455-5300
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Gwendolyn Cornwell
> *Sent:* Saturday, January 21, 2023 4:04 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>;
> wsbap at lists.wsbarppt.com
> *Subject:* Re: [WSBAPT] Landlord Tenant Law at July 2022
>
>
>
> The client needs to send the correct 90 day notice to vacate for owner
> intent to occupy pursuant to RCW 59.18.650.  Have it personally served,
> posted in an obvious place, AND mailed by first class mail and certified
> mail.  If the tenant does not move out by the move out date (which needs to
> be at least 90 days and at the end of a month) a complaint for unlawful
> detainer can be filed. Then a motion for show cause hearing.  If the tenant
> shows appropriate need they can get a free attorney who will make it their
> goal to postpone and delay the process, but you should be able to get them
> out within a few of months of filing the complaint.  This is the current
> state of landlord/tenant law in Washington state.  These changes that came
> about during covid-19 are not all being dropped and more onerous changes
> are being proposed.
>
>
>
> This is not based on the end of the lease, but on the owner moving in.  To
> end a lease based on the end date has its own set of requirements, also
> found in 59.18.650.
>
>
>
> Regards,
>
>
>
> Gwendolyn
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *James Doran
> *Sent:* Saturday, January 21, 2023 3:00 PM
> *To:* wsbap at lists.wsbarppt.com; wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Landlord Tenant Law at July 2022
>
>
>
> Covid changed things and I lost track.  Too many changes to track.
>
>
>
> A client had a tenant whose lease expired in July 2022.  The landlord
> demanded that the tenant move out so she could live there herself.
>
>
>
> What was the status of the tenants rights in July of 2022? We’re we back
> to normal,  ore or less' and the landlord was within her rights to vacate
> the tenant after the lease expired?
>
>
>
> The client is worried that the tenant still had special rights at this
> date and that the landlord could not vacate the tenant even though the ease
> had expired.
>
>
>
> Any help is certainly appreciated.  It will be difficult for me to unwind
> Covid landlord tenant law.
>
>
>
> Thank you in advance for your assistance.
>
>
>
> James Doran
>
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> --
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> Thank you,
>
>
>
> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
>
> *Office:*  206-973-3500│*Fax:*  206-577-5090
>
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> --
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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 at dimensionlaw.com
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>
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-- 

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