[WSBARP] ejectment or UL detainer

[Tom Westbrook]

Don’t know how any commissioner in Pierce County will handle this, but I’ve
used Herman’s approach on several occasions here in Thurston County in the
estate setting and it has worked. To me, that’s faster than hoping for a
default in ejectment or having to bring a summary judgment motion,
especially here in Thurston where most summary judgment calendars are 2
months out.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



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Rodgers, Kee & Card, P.S.

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Bryce Dille
*Sent:* Friday, August 24, 2018 8:54 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] ejectment or UL detainer



Unfortunately I don’t think that’s available since he was in the house with
permission of the mother then when she died he continued in possession and
the sister then required he make the mortgage payments if he wanted to stay
there which he did but now she wants him out for various personal  reasons
and the fact she wants to sell and get the equity out of the house. So I
think ejectment is my only practical remedy







[image: 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

www.cdb-law.com



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*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>]
*On Behalf Of *HOWARD HERMAN
*Sent:* Friday, August 24, 2018 8:14 AM
*To:* carl at greenawaylawfirm.com; 'WSBA Real Property Listserv'
*Subject:* Re: [WSBARP] ejectment or UL detainer



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 <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



*what counts in life is what we do for others*



GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law

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Port Angeles, Washington   98362

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

Telephone               (360)
452-3323


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*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com <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







[image: 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

www.cdb-law.com



This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s).  If this
matter is transmitted to you in error, please notify the sender
immediately.



Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development

Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator

Estate Planning, including Wills and Trusts, and Probate Administration

Representation Homeowners/Condominium Association Real Estate Developments

Real Property Foreclosures and Forfeitures
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