[WSBARP] Ejectment Action

Fri Jun 19 14:08:30 PDT 2020

Understood. In my handful of cases it’s not worth the fight, but I’ve been trying to wrap my mind around how all the pieces work together. 

For the sake of venting, I can’t help but feel confused on who has what authority when it comes to a prosecutor effectively “prohibiting” the sheriff’s office from executing a signed order from a Judge. I ran into that when the moratorium first began. We went though the eviction process (at the beginning of March before any restrictions were in place) and eventually received a signed writ of restitution which was delivered to the sheriff’s office for execution, only to have the moratorium come into place the following day. I received a call the following morning from the Sheriff’s office stating that the county prosecutor would not allow execution of the writ. I was baffled, and my client paid in time and money for an toothless order. 

Anyway, thanks everyone for your comments. Much appreciated. 

Timothy C. Lehr

Attorney at Law

Stiles Law Inc., P.S.

p:   360.855.0131

e:    <mailto:timothy at stileslaw.com> timothy at stileslaw.com

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From: Eric Lanza <eric at buzzardlaw.com> 
Sent: Friday, June 19, 2020 1:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment Action

The state’s position is that ejectments are covered under the proclamation. I’ve had lengthy arguments (err…discussions) with the AG on this. The proclamation is, in my mind, woefully crafted, but I’ll save my personal feelings on the matter for another forum. 

The AG said they had no issue with a complaint to “Quiet Title” --- as that is just seeking a judicial determination of ownership of real property. However, if you make the mistake of asking for a “Writ of Ejectment” in your complaint they are going to demand compliance with the moratorium provisions. Nevermind the fact that ejectment and quiet title are both governed by RCW 7.28 and are inextricably linked---the AG’s position seemed to differentiate the two. 

They aren’t too keen on you moving for a judicial determination re: quiet title, then waiting for the moratorium to end to apply for a writ of ejectment. If your complaint asks for a writ of ejectment, you can’t take any action in the case (you cant even present a motion for order of default, according to the AAG I was dealing with). 

In short, you may be able to get away with a quiet title action as long as you don’t mention the word ejectment in your pleadings. However, fighting with the AG is likely futile and not worth the effort---I ended up serving the 60 day notice as requested and am playing the waiting game like everyone else.

Eric J. Lanza, J.D.

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 Kaitlyn Jackson
Sent: Friday, June 19, 2020 1:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Ejectment Action

Exactly. 

Not only would this fall under the broad protections of 20-19.2, but even IF you can convince a Commissioner to sign the order, the Sheriff’s Office will have their own prosecutor review the Commissioner’s order and do their own determination of whether or not it violates 20-19.2 or other emergency Order. If the Sheriff’s office vis-a-vis their own prosecutor decides they don’t like it, they won’t carry the order out.  

Kaitlyn 

Sent from my iPhone

On Jun 19, 2020, at 1:17 PM, Paul Neumiller <pneumiller at hotmail.com <mailto:pneumiller at hotmail.com> > wrote:

Yeah, what he said (but much more eloquently.)

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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 Eric Nelsen
Sent: Friday, June 19, 2020 1:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Ejectment Action

I don't think so. I think ejectment is barred as well. The Governor's proclamation does refer to those statutes, but the operative language is much, much broader:

WHEREAS, it is critical to protect tenants and residents of traditional dwellings from homelessness, as well as those who have lawfully occupied or resided in less traditional dwelling situations for 14 days or more, whether or not documented in a lease, including but not limited to roommates who share a home; long-term care facilities; transient housing in hotels and motels; “Airbnbs”; motor homes; RVs; and camping areas;

•             Landlords, property owners, and property managers are prohibited from serving or enforcing, or threatening to serve or enforce, any notice requiring a resident to vacate any dwelling or parcel of land occupied as a dwelling, including but not limited to an eviction notice, notice to pay or vacate, notice of unlawful detainer, notice of termination of rental, or notice to comply or vacate. This prohibition applies to tenancies or other housing arrangements that have expired or that will expire during the effective period of this Proclamation. This prohibition applies unless the landlord, property owner, or property manager (a) attaches an affidavit attesting that the action is necessary to respond to a significant and immediate risk to the health, safety, or property of others created by the resident; or (b) provides at least 60 days’ written notice of intent to (i) personally occupy the premises as a primary residence, or (ii) sell the property.

•             Landlords, property owners, and property managers are prohibited from seeking or enforcing, or threatening to seek or enforce, judicial eviction orders involving any dwelling or parcel of land occupied as a dwelling, unless the landlord, property owner, or property manager (a) attaches an affidavit attesting that the action is necessary to respond to a significant and immediate risk to the health, safety, or property of others created by the resident; or (b) shows that at least 60 days’ written notice were provided of intent to (i) personally occupy the premises as a primary residence, or (ii) sell the property.

•             Local law enforcement are prohibited from serving, threatening to serve, or otherwise acting on eviction orders affecting any dwelling or parcel of land occupied as a dwelling, unless...

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

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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: Friday, June 19, 2020 12:46 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Ejectment Action

The Governor’s moratorium and our local superior court orders specifically reference RCW 59.12 and RCW 59.18 when setting out the restrictions. They also repeatedly reference “Evictions” and not ejectments and make no mention to RCW 7.28. 

I would hope that’s enough to keep this issue outside of the orders…but maybe not? 

Timothy C. Lehr

Attorney at Law

Stiles Law Inc., P.S.

p:   360.855.0131

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From: Bryce Dille <Bryce at dillelaw.com <mailto:Bryce at dillelaw.com> > 
Sent: Friday, June 19, 2020 11:32 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Ejectment Action

What I did in a squatter situation was send the 60 days notice of sale of property which does allow for evictions and was true as we are selling the property out of an estate.

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 Jeanne Dawes
Sent: Friday, June 19, 2020 11:18 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Ejectment Action

You might consider contacting APS for financial exploitation if the person is stealing from PC.

Jeanne 

Jeanne J. Dawes

Attorney at Law

Gore & Grewe, P.S.

103 E. Indiana Avenue, Suite A

Spokane, WA 99207-2317

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  On Behalf Of Kaitlyn Jackson
Sent: Friday, June 19, 2020 10:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Ejectment Action

The moratorium 20-19.2 covers this situation. His occupancy cannot be terminated unless you can find an exception under the moratorium. 

Kaitlyn

On Fri, Jun 19, 2020 at 10:16 AM Paul Neumiller <pneumiller at hotmail.com <mailto:pneumiller at hotmail.com> > wrote:

Possible defense?  Yeah, my local friendly sheriff refused to execute on a signed Writ of Replevin issued by the court because, as in the words of the county prosecutor, “it smells like an eviction” because you are kicking a person out of their home during the moratorium.

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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: Friday, June 19, 2020 9:56 AM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] Ejectment Action

All,

I have a PC with a pretty straightforward cause for an ejectment action, as I see it. “ Occupant” was down on his luck and allowed to live in a mobile home on PC’s property about two years ago. No rent was paid or asked for. PC pays all utilities on the mobile. Occupant has now moved two additional people in the mobile without approval. Occupant is becoming aggressive and possibly has bi-polar disorder. He’s had multiple run-ins with law enforcement and has a pretty long rap sheet. PCs have been taken advantage of for some time (occupant has stolen multiple tools and other items of PCs and pawned them) , are retired in their 80s and just want occupants removed from property. 

I believe this falls under ejectment as opposed to eviction as there is no LL-T relationship. Does anyone have basic pleadings for an ejectment action that they would be willing to share and/or any practical advice on what to watch out for (possible defenses) for such an action? I regularly represent landlords in eviction proceedings, but have yet to dive into an ejectment. 

Thank you!

Timothy C. Lehr

Attorney at Law

Stiles Law Inc., P.S.

p:   360.855.0131

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