[WSBARP] Eviction exception to occupy premises

[Roger Moss]

Timothy,

Look, the judges don’t get this stuff. While you look at eviction options, I highly recommend PC explore others. Start with adult protective services.

The situation you describe is depressingly common. A combination of social services, mental health support and a mediator experienced with this scenario can be highly effective. Your client should be prepared to make it easy for tenant to leave - rent him an extended stay lodging or similar landing spot for 90 days and give cash, too. It is more effective to use a neutral 3rd party to handle the negotiation and logistics, than the PC.

Once this situation resolves, your client can access organizations that specialize in pairing elderly homeowners with roommates. The vet the parties, create detailed home-share agreements, and provide support when conflict occurs.

Even without the concerning conduct you describe, evicting a tenant from a shared home is a horrendously traumatic experience for the homeowner. Avoid it if possible and spend what it takes to do so.

Roger A. Moss 
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 
RinconRes.org <http://rinconres.org/>

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> On Dec 2, 2020, at 10:38 AM, Jennifer L White <jen at appletreelaw.com> wrote:
> 
> Sounds like this situation may qualify for a DV Protection Order under RCW 26.50…
>  
> Jennifer L. White, Esq.                             
> <image002.jpg>
>  
> 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 <mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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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