[WSBARP] Unlawful exclusion?
Gabrielle Richards
gabby at cascadialawyers.com
Mon Jan 23 18:10:08 PST 2017
The following factual scenario has stumped me. Any insight into the questions below is appreciated.
A and B are parties to a lease with Landlord. Lease does not expire until mid-2017.
Tensions escalate between A and B.
B petitions for and receives a temporary order of protection on January 10, 2017. The Order excludes A from Premises.
B and Landlord enter into new lease on January 14, 2017, removing A as a tenant.
The Order is dismissed on January 18, 2017.
On January 19, 2017, A attempts to retrieve property from the Premises. Landlord calls police and A is charged with criminal trespass. As a result of the criminal charge, a no-contact order is put into place that excludes A from the Premises.
My questions:
1. Was it lawful for B and Landlord to enter into the new lease, removing A as a tenant while the Order of protection was in effect?
2. Was A unlawfully excluded from the Premises, given the above facts?
Many thanks in advance.
Gabby
__________________________________________
Gabrielle D. Richards | Martin & Richards, LLP
Attorney at Law
111 SW Fifth Avenue, Suite 3150
Portland, OR 97204
B: 503-444-3449
C: 503-866-1855
F: 503-296-5834
E: gabby at cascadialawyers.com
www.cascadialawyers.com
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