[WSBARP] Estate/Unlawful Detainer Action

[Hans]

What about RCW 59.16.010?

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Mike Jacobs
Sent: Tuesday, May 19, 2015 4:40 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Estate/Unlawful Detainer Action

Bess,

I have run into this scenario a number of times and it can be difficult and time consuming (expensive) to remove the person.  I always try to off-set the cost of the removal and the unpaid monthly rent against the occupant’s share of the estate.

On what basis is the occupant a tenant subject to the unlawful detainer action?  Review the definition in RCW 59.12.030.    It is possible that the occupant is not a tenant and will need to be removed through an RCW 7.28 ejectment action.


Sincerely,

Michael P. Jacobs

Riach Gese Law Firm
T: 425-776-3191
F: 425-775-0406

http://www.riachgese.com<http://www.riachgese.com/>

RIACH GESE LAW FIRM
7331 196th St SW
P.O. Box 1067
Lynnwood, WA 98046
REPRESENTING OUR COMMUNITY SINCE 1959


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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bess Derting
Sent: Tuesday, May 19, 2015 3:55 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Estate/Unlawful Detainer Action

I know this has been a problem for others but I have not yet encountered it.

Client is the PR of a solvent, non intervention estate for his father.  Will left everything "equally" to all 8 children. Client's sister lived with their father prior to his death and has continued to reside in the home for almost 2 years.  Sister refuses to pay rent, utilities, mortgage payment.  Sister is a local real estate agent and will not cooperate with the sale of the house.  The house must be sold to satisfy the mortgage; however, no other agents will list the house until she is gone due to her extremely bad behavior.

We served a 20 day notice on May 1 (she avoided service and then threw the notice into the process servers face once he found her).  On June 1 I would like to proceed, on behalf of the Estate, with an unlawful detainer action to have her removed but I am not sure this is the proper method/action.

Any suggestions would be much appreciated to a very frustrating situation.  Thank you.

Bess


--
Mary E. (Bess) Derting

Smith & Derting, PLLC
Attorneys At Law
P.O. Box 845
112 N. Second Ave.
Okanogan, WA 98840
Ph:  509-422-1601
Fax:  866-238-7585


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