[WSBARP] ejectment or UL detainer

Fri Aug 24 10:31:07 PDT 2018

I have done all of this a few times and it is confusing and here is
something that I put together the last time around. Forgive the weird
spacing, to correct it would require an ability to manipulate Outlook that
is beyond not only my reach but also my hope of ever reaching:

            The premise is that unlawful detainer works for a lot of
circumstances, but not all. If there is no lease or rental agreement, or
even rent, then sometimes the question is, is it a tenancy at will, or a
tenancy at sufferance? If the person entered without permission and won't
leave when he or she is told to, this is called a tenancy by sufferance,
59.04.050. That can be an unlawful detainer, and 59.12.030(6) directly
addresses that. The tenancy by sufferance statute says that the occupiers
must surrender possession on demand, and the unlawful detainer statute
allows the shortened UD process if they don't.  

            But when a person enters with permission, and no rent is paid,
that is different, and is a tenancy at will, and can be terminated,
obviously, "at will."  The owner has to give a reasonable time for the
tenant to vacate. Najewitz v. Seattle, 21 Wash. 2d 656 (1944).  The
application of this doctrine is confusing, as it uses terms connected to
leases, such as “tenant” and “tenancy,” where no lease or tenancy actually
exists. I think it is preferable to consider these matters as mere licenses,
and not as some sort of subcategory of tenancy, especially in light of the
statutes.

            As far as treatment as a license, the result is practically the
same as treatment as a tenant at will. You don't get the UD expedited
hearing. You have to give reasonable notice, and you can then file a quiet
title/ejectment lawsuit and get a TRO or preliminary injunction pretty
quickly. Our Court has required very low bond amounts in such circumstances,
where the occupier has no right, and just won't leave. You can also ask for
damages for the occupation, and if any circumstances merit it, 4.24.630
attorney fees and triple damages. My experience is that once they are
ejected they don't come back and you never hear from them again.

          I personally like quiet title actions. The occupier gets the
point, the TRO is kind of a no-brainer, the courts I have dealt with require
only token bonds, and you can get other relief, such as injunction, damages
and so on, which can work as leverage. 

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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

734 East First Street       Suite A

Port Angeles, Washington   98362

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carl at greenawaylawfirm.com

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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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