[WSBARP] Unlawful exclusion?

[Gabrielle Richards]

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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