[WSBARP] UD Gurus

[MK Henderson]

In the dv context the girlfriend may be awarded the use of house and the
boyfriend ordered to pay.  Check the temporary order on the Protection
Order. 


On Mon, Mar 24, 2014 at 2:31 PM, Paul Neumiller <pneumiller at hotmail.com>
wrote:


Got bounced of court today with a one week continuance by a Judge Pro Tem
who is, uhh, unfamiliar with LL/T law.  I need to now “brief” the court in
a week on why the following procedure works:

 

Girlfriend/boyfriend share house owed by boyfriend.  Big fight, sheriff
comes and arrests boyfriend and the court issues a temporary restraining
order against boyfriend (both blame and accuse the other).  Relationship
is now over though the hearing on the restraining order has not occurred.
I am representing the boyfriend who is trying to get his house back from
girlfriend who is living in the house rent free.

 

We served a Tenancy at Will Termination Notice saying that if she was not
out by a certain date, that $$$ of rent would be due and payable and that
the relationship would be governed by RCW Chapters 59.12 and 59.18.  She
didn’t pay the rent or vacate so we then served the standard combined 3
day and 20 day eviction notice and brought the action under RCW
59.12.030(3) for non-payment of rent.

 

I had to walk the judge through the legal analysis of termination of a
tenancy-at-will relationship.  She wasn’t buying the legal jump between
terminating the tenancy-at-will and bringing the UD action under RCW
59.12.  Judge asked for an RCW or case law that says this procedure is
appropriate instead of having to bring an ejectment action.  Judge Pro Tem
was unmoved by my observations that I had previously used this procedure
at least three times in the past year in that same courtroom and that many
attorneys across the State of Washington have been using this procedure.

 

Any help out there?  Anyone actually had to defend this procedure in the
past????

 

Sorry for the long post.  (I feel like I am trying to prove a negative
argument.)

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-- 

Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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