[WSBARP] ejectment or UL detainer

Fri Aug 24 11:57:44 PDT 2018

Hey Eric,

Wouldn’t it be great if there was a case expressly on point? If there is, I
haven’t found it. It has always been my argument, if the Commissioner asks
or opposing party brings it up, that in the estate scenario, when the
parent that gave permission dies, then the permission also dies and the PR
comes into possession. Since possession is the issue, then the PR can give
the 3 day notice to vacate RCW 59.12.030(6) as the person on the property
is not there with the PR’s permission.

As I read the following RCW, the PR *shall* have the right to immediate
possession and *may* receive rents if the PR wants to continue to allow
someone else to possess with permission of the PR that doesn’t have an
actual Landlord Tenant agreement that survives the death of the parent.
Just my 2 cents.

RCW 11.48.020

Right to possession and management of estate.

Every personal representative shall, after having qualified, by giving bond
as hereinbefore provided, have a right to the immediate possession of all
the real as well as personal estate of the deceased, and may receive the
rents and profits of the real estate until the estate shall be settled or
delivered over, by order of the court, to the heirs or devisees, and shall
keep in tenantable repair all houses, buildings and fixtures thereon, which
are under his or her control.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

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Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Eric Nelsen
*Sent:* Friday, August 24, 2018 10:49 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] ejectment or UL detainer

Question for y'all - RCW 59.12.030(6)
<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.030> requires that the
person to be evicted on a 3-day notice had to have *entered onto the land*
without permission. If the son "entered the land" and took up occupancy
with mother's permission, and then mother dies, is there any way to
"re-set" the entry requirement? Is the argument that, after mother died,
presumably at some point the son had to leave, even if just to go buy
groceries, and at that point the sister as PR denied his right to enter?

The other method I have seen used (though I think there is argument about
whether it's valid) is to convert this kind of "tenant at will" to a
rent-paying tenant by serving a written demand for payment of monthly rent
commencing on a date certain, and stating that continued occupancy past
that date will signify acceptance of the requirement to pay rent. Assuming
the son fails to pay the rent, then a 3-day notice can be given and UD is
available under RCW 59.12.030(3). If he pays rent, then issue a notice to
terminate the month-to-month on 20-day notice, and if he doesn't move out
UD is available under RCW 59.12.030(2).

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>]
*On Behalf Of *Tom Westbrook
*Sent:* Friday, August 24, 2018 9:55 AM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] ejectment or UL detainer

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

[image: whiteRKCS_newlogo50_email_sig]

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

The information contained in this email and attachment(s) are for the
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360-352-8311 or by e-mail to shannon at buddbaylaw.com, and destroy the
original message from your electronic files.

*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

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

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Real Estate and Commercial Transactions & Closings, Including Performing
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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

734 East First Street       Suite A

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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