[WSBARP] ejectment or UL detainer

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.  Isn’t rent the direct payment of money
to sister OR a direct payment of sister’s 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, I’d 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 I’d give the brother a combined
3-day and 20-day notice.

cid:image001.jpg at 01D43BA8.EEAEBAC0

IMPORTANT NOTICE:  This e-mail message is intended to be received only by
persons entitled to receive the confidential information it may contain.
E-mail messages to clients of Paul A. Neumiller presumptively contain
information that is confidential and legally privileged; e-mail messages to
non-clients are normally confidential and may also be legally privileged.
Please do not read, copy, forward or store this message unless you are the
intended recipient of it. If you have received this message in error, please
forward it back to the sender and delete it completely from your computer
system.

E-mail communication on the Internet may NOT be secure. There is a risk that
this confidential communication may be intercepted illegally. There may also
be a risk of waiving attorney-client and/or work-product privileges that may
attach to this communication. DO NOT forward this message to a third party.
If you have any questions regarding this notice, please contact the sender.

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

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

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

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

Telephone               (360) 452-3323

Facsimile                  (360) 452-3724 

THIS EMAIL TRANSMISSION IS INTENDED FOR THE EXCLUSIVE USE OF THE INDIVIDUAL
OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN PRIVILEGED AND
CONFIDENTIAL INFORMATION THAT IS COVERED BY THE ELECTRONIC COMMUNICATIONS
PRIVACY ACT (18 USC §§ 2510-2521). IF YOU ARE NOT THE INTENDED RECIPIENT OR
AGENT RESPONSIBLE TO DELIVER THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR; PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND/OR
EMAIL AND DELETE THE ORIGINAL MESSAGE. THANK YOU 

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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180824/99ef85f8/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 8213 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180824/99ef85f8/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4039 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180824/99ef85f8/image002.jpg>