[WSBARP] Effective removal of adult children

[Jane Bitz]

My first thought is that this is the owner’s problem, not your client’s because the owner must give possession at closing, but maybe this will help. Copied from an earlier posting on the list:

RCW 9A.52.105 & .115 were enacted in 2017 to deal with the true squatter situation (e.g., someone has broken into the premises) not a person who is just living there without paying rent or once had permission from the owner.

The person seeking to remove the squatter needs to make a sworn declaration that the people occupying the premises have never had permission to be there.

Some jurisdictions are more cautious than others to use it.  Note that the statute creates a right of action against the declarant by the persons removed from the premises, as well as the obligation to indemnify law enforcement for their actions.

Danielle F. Flatt
Attorney
Ryan, Swanson & Cleveland, PLLC
1201 Third Avenue, Suite 3400 | Seattle WA 98101-3034
Direct 206.654.2273 | Fax 206.652.2979
flatt at ryanlaw.com<mailto:flatt at ryanlaw.com> | www.ryanswansonlaw.com<https://www.ryanswansonlaw.com>

Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Vallley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Thursday, October 17, 2019 11:18 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Effective removal of adult children

Brain trust -

Client is purchasing a property in an off-market transaction from an owner who lives out of state. Adult children of the owner have moved into the property and have refused to pay rent or to leave. They have no claim to title.  Purchaser wants to determine the best way to effectively ensure that they can get possession of the property in a reasonable time frame. Closing is set for mid-November but can be extended.

I've looked into doing a notice of demand for rent under RCW 59.04.050, but the RCW states that it applies "whenever any person obtains possession of premises with the consent of the owner or other person having the right to give said possession..." which I don't think applies here as the owner initially gave possession to the adult children to live there. They've essentially overstayed their welcome and, as such, the relationship between these parties has deteriorated.

Strategies? Ideas?

--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

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