[WSBARP] getting family members out - UD

[Paul Neumiller]

You did it right.  Remember that RCW 59.18 is just an overlay for RCW 59.12 for residential situations.  RCW 59.12.030 applies in both commercial and residential situations.  Ask for atty fees under RCW 59.18.410 in your pleadings.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, October 25, 2017 11:05 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD

Thanks.
I had a 3 day notice to pay or vacate personally served.   It was entitled  RCW 19.12.030  ... I wonder if I can now add 59.18 as an alternate on my complaint to pick up attorney fees?
Josh

From: Paul Neumiller<mailto:pneumiller at hotmail.com>
Sent: Wednesday, October 25, 2017 9:49 AM
To: 'WSBA Real Property Listserv'<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] getting family members out - UD

Josh, I have evicted family members (step-daughter) and I had the parent post the notice on the bedroom door.  Proceeded under 59.18 and 59.12 with no problems.  Atty fees are allowed under 59.18 so don’t need it in a written lease.

[cid:image004.jpg at 01D34D83.2DC3D660]

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Tuesday, October 24, 2017 4:35 PM
To: wsbar <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] getting family members out - UD

Mom let adult children reside in her residence and now are behind on the agreed upon rent (oral agreement).

I am assuming that an UD action will work  under RCW 5912 mainly because it doesn’t fit the definition of a Dwelling unit in 59.18.
I also assume that we can’t ask for attorney fees because of a lack of an agreement and it is provided for not in 59.19

Your thoughts?
Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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