[WSBARP] ejectment or UL detainer
HOWARD HERMAN
hhherman2 at comcast.net
Fri Aug 24 17:07:32 PDT 2018
I agree.
Howard Herman
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, August 24, 2018 12:50 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] ejectment or UL detainer
I think Paul is right. Mortgage payment = monthly rent. Best argument yet.
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 Paul Neumiller
Sent: Friday, August 24, 2018 12:33 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] ejectment or UL detainer
Bryce, I am confused. You first said that he paid no rent (except the
utilities) but now you say that he and his sister agreed that he will pay
the mortgage (and the sister then required he make the mortgage payments if
he wanted to stay there which he did). So, in my mind, the amount of rent
equals the amount of the mortgage. Isnt rent the direct payment of money
to sister OR a direct payment of sisters legal obligation (ie. mortgage
payment)? On this set of facts, if I have them correctly and, at least in
my backwater neck of the woods, Id argue a verbal lease with rent equal to
the mortgage payment. And, because there is no set term, it is a
month-to-month lease so I would give the brother a 20 day notice. If,
brother stopped paying the mortgage, then Id give the brother a combined
3-day and 20-day notice.
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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 dont think thats 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
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
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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] 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 doesnt 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
Email <mailto:clgay at tfon.com>
carl at greenawaylawfirm.com
Telephone (360) 452-3323
Facsimile (360) 452-3724
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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
<https://eur02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cdb-la
w.com%2F&data=02%7C01%7C%7C58b42fdad1414c18586b08d609da78a7%7C84df9e7fe9f640
afb435aaaaaaaaaaaa%7C1%7C0%7C636707231263103365&sdata=R8ek1oM2HotCiT9ZucJF1Y
tFCbfsjOdpqJcczO5SXEQ%3D&reserved=0> 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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