[WSBARP] ejectment or UL detainer

[HOWARD HERMAN]

Take a look at RCW 59.12.030(6).   59.12 is the statute that  59.18 is built
on and defines unlawful detainer. This situation is not a residential
landlord/tenant relationship and therefore your relief is in 59.12. Give the
3 day notice to vacate followed by the special summons form in 59.18.365 in
the event he doesn’t move in 3 days. The complaint need only to state that
the sister is the owner of the property, that the brother is in violation of
59.12.030 (6) and that he has failed to vacate after service of the 3 day
notice. By motion, you can get an order to set a show cause hearing 8 days
following the return date on the summons.  This order to show cause can be
served along with the summons.  Service and declaration of service should be
by someone other than the sister and following the requirements of CR 4.

 

Howard Herman

Herman Herman & Jolley, P. S.

509 220 5810

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carl Gay
Sent: Thursday, August 23, 2018 4:02 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] ejectment or UL detainer

 

The son probably would be considered a licensee under a license from Mom,
revocable now by his sister.

In my experience, unless the son is willing to do the right thing and simply
move out, the legal fees to either evict (and it would likely be
characterized as a tenancy by sufferance and not subject to the traditional
chapter 59.18 RCW unlawful detainer process), eject, or file a declaratory
judgment action to terminate the license (quiet title) will easily exceed
$2,500.

I would offer that amount to the son (to be paid after he has moved out)
upon the condition he is gone in 10 days and signs a quitclaim deed,
otherwise tell him the $2,500 will be used to retain a lawyer to force him
out with him, in all probability, getting nothing other than any inheritance
or intestate share.

 

CARL LLOYD GAY  

 

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GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:clgay at tfon.com>
carl at greenawaylawfirm.com

Telephone               (360) 452-3323


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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Thursday, August 23, 2018 3:29 PM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] ejectment or UL detainer

 

In a tenancy situation where occupant lived in property with consent of
mother and then mother dies and property is inherited by sister of occupant
and although he pays no rent or mortgage payment he does pay utilities and
keeps the place up now sister wants him out  and notice of termination has
been given in this, case 30 days can the eviction be thru a unlawful
detainer action or must it be action for ejectment. Thank as always for your
input

 



 

 


cid:image001.jpg at 01D1AB8F.1C8227E0


Bryce H. Dille | Attorney at Law


P: 253.848.3513| F: 253.845.4941

317 South Meridian

Puyallup, WA 98371

bryced at cdb-law.com

 <http://www.cdb-law.com/> www.cdb-law.com

	
			

 

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