[WSBARP] Unlawful exclusion?

[Eric Nelsen]

My law-school exam answer, which may or may not be right or even helpful:

New lease of 1/14/17 is a breach of the old lease's covenant of quiet enjoyment and of RLTA.

Exclusion of A from Premises by court order does not cancel A's private contractual right to store possessions there. A can be personally excluded from the Premises because of the court order, see RCW 59.18.290(1)<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18&full=true#59.18.290>, but the right to terminate the agreement as a whole under that statute belongs to A, not the LL, and not B.

A has a right of action against LL for breach, and against B as well at least for tortious interference with business relationship, by knowingly entering into a new lease for the Premises that interferes with the old lease.

As of 1/19/17, A's right of occupancy is restored and neither B nor LL can lawfully exclude A.

HOWEVER, if A has been charged with criminal trespass, I think there is more to the story here, especially with a no-contact order also being entered. There may be alternative reasons for the exclusion on 1/19 not based on the dismissed order.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gabrielle Richards
Sent: Monday, January 23, 2017 6:10 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Unlawful exclusion?

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<mailto:gabby at cascadialawyers.com>

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

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