[WSBARP] Probate eviction

[Jon Fritzler]

Thank you!

-Jon

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Stromberg, Spencer
Sent: Wednesday, July 1, 2020 3:05 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate eviction

Jon -

Here is the body of a letter I drafted for a client to serve on the occupant/former owner of a property the client bought at a foreclosure sale. In this case, another lawyer started an unlawful detainer proceeding before the shutdown and before I got involved. There had already been a notice to vacate served (there are a few complicating facts that aren't relevant to your situation).

In the case you're dealing with, I would think a 20-day notice of termination of tenancy would be appropriate, and there's no reason it can't be served along with the Notice of Intent to Sell. I also don't see why the Notice of Intent to Sell language (the first sentence below) couldn't be added to a typical 20-day notice of termination of tenancy.

Full disclosure - I don't know yet if this notice is effective because we haven't had a court date yet.

I hope this helps.

Notice of Intent to Sell
This is notice to you that [Landlord] intends to sell the property located at [Address]. This notice is given for the sole purpose of satisfying the requirement of Proclamation 20-19.2 issued by Governor Jay Inslee on June 2, 2020 prohibiting evictions unless the property owner shows that at least 60 days’ written notice of the property owner’s intent to sell the property was given. You have known for several months that it is [Landlord]’s intent to renovate and resell the property, which it will do promptly upon securing your vacation of the property.
This notice does not amend, supersede, revoke, or otherwise change in any way the Notice to Vacate Property that was served on you on or about ____________, 2020. Furthermore, this notice should not be construed as consent to delay or forebear from taking action in the eviction matter pending against you in Spokane County Superior Court, Case No. ___________.

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On Wed, Jul 1, 2020 at 11:41 AM Jon Fritzler <FritzlerLaw at outlook.com<mailto:FritzlerLaw at outlook.com>> wrote:
Decedent’s girlfriend is living in decedent’s residence, a mobile home that decedent owned along with the lot that it sits on. She was not paying rent so is not a tenant. I represent the personal representative who wants to sell the mobile home.  Inslee’s Proclamation 20-19.2 allows owners to enforce a notice to vacate if the owner plans to sell the property, after providing at least 60 days notice.

Questions:     Does anyone have an example of a notice to vacate to a non-tenant resident?
                        Does the notice have to be personally served on the resident in addition to being mailed?
                        What is the next step if the resident doesn’t vacate?

Thank you.

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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