[WSBARP] Eviction exception to occupy premises

[Jennifer L White]

Sounds like this situation may qualify for a DV Protection Order under RCW 26.50...

Jennifer L. White, Esq.
[cid:image002.jpg at 01D6C897.45039D50]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Tuesday, December 1, 2020 10:59 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Eviction exception to occupy premises

All,

PC has a tenant that occupies a room in his house on a month-to-month oral agreement. $$ each month to occupy the room with tenant's own bathroom and fridge. PC wants to evict based on threats made to him by tenant, possible theft of personal items in the house, and overall, the tenant has become combative and aggressive toward PC. It's likely the tenant has mental issues and PC is scared to upset him for fear of a physical altercation. Tenant paid rent the first couple months and now refuses (the rent isn't the issue though).

Based on my experience the last few months, I don't believe PC has enough to file under the "significant and immediate risk to health, safety or property" exception - but what about serving a 60 notice of PC's intent to occupy the premises as the owner's primary residence? Basically, PC wants to have his extra room back, which is in his primary residence. Has anyone filed under this exception, and if so, what types of hurdles have you ran into?

>From talks with PC, there is a real fear for his life - he is older and retired and tenant could easily overpower him. Plus, tenant makes threats to PC's brother when he visits (also older and on oxygen) and the brother's health declines when trying to deal with tenant's threats. I had another case where the health and safety risks were much worse and could not get a judge to sign an order under that exception...

Thanks,

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com>

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