[WSBAPT] Landlord Tenant Law at July 2022

[Diane J. Kiepe]

I think it is confusing because it’s somewhat of a new, now common, phenomenon, that non-tenants are taking over estate property – I have blended the TEDRA/Ejectment together and use the more Civ Pro friendly to defendant requirements.  It seems you need a writ of ejectment and I suppose TEDRA, with its board power, would allow that remedy under it’s statute as opposed to the true ejectment statute…..hmmmmmmm now I’m thinking as I am filing one today (hopefully)

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer L White
Sent: Monday, January 23, 2023 10:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Landlord Tenant Law at July 2022

But is the ejectment a part of a TEDRA petition? The commissioner who heard the case (also a probate attorney who was pro tem that day), said it needed to be a TEDRA. As you can see, I’m very confused.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D92F13.1B3CE500]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
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 Tom Lee
Sent: Monday, January 23, 2023 9:58 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Landlord Tenant Law at July 2022

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<mailto: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.
[cid:image001.jpg at 01D92F13.1B3CE500]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
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 Kaitlyn Jackson
Sent: Monday, January 23, 2023 9:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto: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<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Kaitlyn Jackson
Sent: Monday, January 23, 2023 9:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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<mailto: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<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Gwendolyn Cornwell
Sent: Saturday, January 21, 2023 4:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; wsbap at lists.wsbarppt.com<mailto: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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbap at lists.wsbarppt.com>; wsbapt at lists.wsbarppt.com<mailto: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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Thank you,

Kaitlyn R. Jackson, Senior Associate Attorney
Dimension Law Group, PLLC
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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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