[WSBARP] Fastest way to remove a tenant for threats against landlord?

[Jeanne Dawes]

Don’t you have to have breached the lease or be delinquent in rent to start an eviction?  What if the tenant isn’t either?

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, April 21, 2015 4:31 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Fastest way to remove a tenant for threats against landlord?

An attorney needs to tell the tenant that he has a choice.  The landlord will either go through the process, however long it takes, and evict him (including the sheriff’s involvement) OR the tenant can make a deal to move out voluntarily for $1,000 or $1,500 (or only $500 if a real derelict) cash to be paid upon actual removal and signing of a Voluntary Termination of Lease & Release of Liability.

That’s how I do it.

James R. Doran
Attorney at Law
100 E. Pine Street – Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Tuesday, April 21, 2015 4:20 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Fastest way to remove a tenant for threats against landlord?

Good Afternoon,
Does anyone know if there is a way to remove/evict a tenant without waiting for a pre-eviction notice?
Client has a triplex with a very difficult and volatile tenant.  Police have been called many times, but nothing ever leads to an arrest.  3 adjacent tenants have left in the last 8 months because of Tenant's abuse and threats.  Police have planted the idea of an "emergency eviction" with Client as a way to remove Tenant without going through the notice and service part of the eviction.  This is the first time I've heard of this, and I'm not sure it it exists.

Tenant is very savvy and seems to know just what to say that would be aggressive and threatening but not lead to an arrest.  Tenant likes to say "you could get shot" or "a man could get shot doing something like that" but has never actually displayed a gun (e.g. Landlord tries to serve a Three Day Notice, neighbor is listening to the radio at a regular volume).  Tenant has gotten confrontational and invaded personal space of neighbors and Client, but has never actually stricken, but has created the apprehension that he would.  Police have told my client to get an emergency eviction because they can't arrest Tenant.
Since the tenant has never been arrested, has not actually shown a gun, and there is no drug or gang activity, I don't think 59.18.130 or 59.18.510 apply.  Even a Notice to Quit under 59.12.030(5) still requires some form of notice.

Is there any way to bypass the 10 Day Comply or Vacate or does anyone know what this "emergency eviction" process is?

Thanks for your insight.

Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
234 SW 43rd St, Suite MA | Renton, WA 98057
t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com<mailto:danielle at dimensionlaw.com>| www.dimensionlaw.com<http://www.dimensionlaw.com>

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