[WSBARP] UD and Tenant's Protection Order

Tue Nov 21 11:14:18 PST 2017

Thanks to Danielle and Scott for their responses.  I am having a process server meet the landlord at the protection order hearing.  I am not handling the protection order hearing itself.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Thursday, November 16, 2017 2:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD and Tenant's Protection Order

Since the tenant is in breach, you can still proceed with the eviction.  If you are representing the LL at the Protection hearing, I would review the texts to make sure they could not be construed as threatening.  The judge will probably review them.  In cases I have dealt with in the past (where the facts fit), I have successfully argued that the protection order should be dismissed because the petitioner the dispute was a landlord-tenant dispute, and the landlord was acting within the bounds of Landlord-Tenant law, and was not actually harassing the petitioner.

If you can't get that, get the protection order modified so that the landlord can still carry out landlord duties.

Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com<mailto:danielle at dimensionlaw.com>| www.dimensionlaw.com<http://www.dimensionlaw.com>
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On Thu, Nov 16, 2017 at 2:40 PM, Scott Thomas <scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>> wrote:
When I have had a similar situation arise in the past, I have brought along my legal assistant and had the legal assistant hand the defendant the dox.  I have never been challenged doing that.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Paul Neumiller
Sent: Thursday, November 16, 2017 2:24 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] UD and Tenant's Protection Order

Listmates:  Client landlord tries to sell house to month-to-month tenant but tenant is stalling etc.  LL finally gives up and tells T that T must move.  So, T goes into local district court and gets a Temporary Protection Order and Notice of Hearing-Harassment against LL stating that LL  sent harassing texts asking about the status of T receiving loan approval to purchase house. AND, T has stopped paying rent.

  1.  The Order is for no-contact and no surveillance, “except for mailing of court documents.”  The 3-day Notice under the lease was posted by LL BEFORE the Order was served on LL by the Sheriff.  Can LL (and therefore me) still proceed with an eviction action based on non-payment of rent in spite of the Temporary No-Contact Order??
  2.  The Protection hearing is set for next Wednesday.  I hope to file the eviction action on Tuesday and get the judge to sign an Order to Show Cause.  We strongly suspect that T will try to avoid service of the UD summons and complaint.  Because we know that T will be at the Protection hearing on Wednesday, is there a process where LL can serve the T with the UD documents while at the hearing for the Protection Order??  Do we ask court personnel to serve the documents or ask Sheriff/Police to stand by and serve, or have a private server show up?

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