[WSBARP] ejectment or UL detainer

Fri Aug 24 13:26:22 PDT 2018

Gentlemen,

Going back one more step, when the mother died, title passed immediately to the daughter. RCW 11.04.290  Hence, a new owner with exclusive right of possession upon the mother’s death.  Then, if there is a probate, as stated, the PR has the immediate right of possession. It doesn’t seem to me that whatever tenancy or license the son may have had with the mother would survive her death and probate.

All of the suggestions that have been made will get the job done. I favor the UD method because of the short time it takes and it works well out here in the sticks. (Spokane County)

Regards,

Howard Herman

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom Westbrook
Sent: Friday, August 24, 2018 11:58 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] ejectment or UL detainer

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.

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Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

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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] 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

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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:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com

Skype: thomas.westbrook

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The information contained in this email and attachment(s) are for the exclusive use of the addressee(s) and may contain private, privileged and/or confidential information.  If you are not the addressee, you are strictly prohibited from reading, photocopying, distributing or otherwise using this email or its contents in any way. If you have received this communication in error, please notify us immediately by telephone at 360-352-8311 or by e-mail to  <mailto:shannon at buddbaylaw.com> 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

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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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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                     

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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

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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