[WSBARP] Sufferance Tenancy Eviction

[Paul Neumiller]

Anyone?


________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Sent: Thursday, November 2, 2017 11:35 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Sufferance Tenancy Eviction


Listmates:  New situation for me and I need feedback.  Squatters move into house without permission while owner in jail.  I represent the lender who has taken over title using a Deed in Lieu.  I believe this a Tenancy by Sufferance situation under RCW 59.04.050 and we had the Sheriff serve a Tenancy by Sufferance Termination Notice under RCW 59.12.030(6).  Lo and behold, the squatters have moved out (maybe, always an open question with meth heads).  My query is what can the owner do now with any personal property left on the premises (multiple bags of garbage, toilets in the yard, abandoned vehicles, etc.)?  Some of the stuff is probably left by the previous owner who is in jail and we are working with family members regarding that stuff.  Just for the record,  we are having a biohazmat firm inspect the house before anyone goes in to clean up.



I do not think that squatters have any rights under the abandonment RCWs under Chapter 59.18 because squatters are not residential tenants so we don’t need to store the squatters personal property.  What say you?  Can the current owner now just dumpster everything?  If there is any potential for liability, the client is prepared to bring an unlawful detainer action under RCW 59.12.030(6) and I would include in the pleadings that “That Plaintiff is entitled to deem all personal property left in, on, or about the Premises to be abandoned and that Plaintiff may dispose, in any manner selected by Plaintiff in Plaintiff’s absolute and sole discretion, of any and all personal property without liability to Defendants.”



[cid:image002.jpg at 01D353CC.398F6910]



IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20171103/43dbaaf7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 14511 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20171103/43dbaaf7/image002.jpg>