[WSBAPT] Removal of squatters

[Diane J. Kiepe]

Just read this gem today and thought I’d resend it – good thought.


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

KINDLY ALLOW 2-4 WORKING DAYS TO RECEIVE A RESPONSE TO NON-URGENT EMAILS.  FEEL FREE TO SEND YOUR EMAIL (OR RESEND YOUR EMAIL AS THE CASE MAY BE) MARKED URGENT IN THE SUBJECT LINE.


DISCLAIMER: the preceding message and any attachments may contain confidential information protected by law, the attorney-client privilege or other privilege.  This communication is intended to be private and may not be recorded or copied without the consent of the author.  If you believe this message has been sent in error, REPLY to sender and then DELETE this message.  Thank you.



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Thursday, February 10, 2022 6:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Removal of squatters

Ken,
Depending how elderly and vulnerable your client is, a VAPO under Ch. 74.34 RCW may be the quickest way to get the squatters out. Arguably they are financially exploiting him by not paying fair market rent, and if he meets the definition of a vulnerable adult, then there could be good grounds for this.
Best,
Nick
Nicholas Pleasants
Owner

[Image removed by sender. (Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com/>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.


From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Gwendolyn Cornwell <Gwendolyn at glgmail.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Thursday, February 10, 2022 at 4:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Removal of squatters

It isn’t there for each type of notice, however, the courts are leaning toward protecting the tenants in many types of cases, so we are including it in every notice to vacate.  One county recently gave a tenant an extension to get an attorney when they had not been given this information in a non-monetary notice despite acknowledging that the right is not listed in the statute.  I prefer to give it to them up front to avoid delays in court.  Sorry I did not clarify that.

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) 568-1717



CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender & delete all copies.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, February 10, 2022 2:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Removal of squatters

Gwendolyn, where is the requirement that a non-monetary default notice must include “the right to an attorney and information regarding programs that may help pay for the attorney”?  I do not find that requirement anywhere in RCW 59.18.650(6)  or in RCW 59.18.640 or in RCW 59.12.040.  I seem to have missed this requirement.  Where is it?


[cid:image001.jpg at 01DA6285.F81D67A0]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.


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: Thursday, February 10, 2022 9:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Removal of squatters

Ken,

As one person had permission to move in, I would treat it like a tenant that allowed unauthorized persons to move in rather than as trespassers.  This would be addressed with a 20-day notice to vacate pursuant to RCW 59.18.650(2)(i) if they share the dwelling with the elderly man.  If they do not vacate, it would be followed by a complaint for unlawful detainer and a motion for order to show cause.

You do need to make sure the 20-day notice includes the right to an attorney and information regarding programs that may help pay for the attorney.  Because it is not a 14-notice for failure to pay rent, you do not need to include the new ERPP 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) 568-1717



CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender & delete all copies.

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 Ken Luce
Sent: Wednesday, February 9, 2022 11:04 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Removal of squatters

An elderly man allowed a person to stay in his house and and others soon followed and there are 6 living with him at this time no rent has ever been paid he would like to get them out Yet. Any suggestions on the process that we need to follow or are they trespassers?

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/AAb9ysg>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240219/f196f888/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD0004.jpg
Type: image/jpeg
Size: 823 bytes
Desc: ~WRD0004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240219/f196f888/WRD0004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14265 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240219/f196f888/image001.jpg>