[WSBARP] Unlawful exclusion?

[Gabrielle Richards]

Thanks, Rod. Very much appreciated.

Gabrielle D. Richards
Martin & Richards, LLP
503-444-3449
www.cascadialawyers.com<http://www.cascadialawyers.com>




On Tue, Jan 24, 2017 at 9:08 AM -0800, "Rod Harmon" <rodharmon at msn.com<mailto:rodharmon at msn.com>> wrote:

A was unlawfully excluded from the premises.  A had a right to be on the premises under A’s lease and neither the landlord nor B had the right to exclude A.  There was no protection order in place at the time of A’s entry, and A has not been charged with violation of a protection order anyway.  It cannot be criminal trespass to enter your own dwelling.  A’s lease with landlord controls over any subsequent lease landlord gives to anyone for the same premises during the period of A’s lease.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>


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' <wsbarp at lists.wsbarppt.com>
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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