[WSBARP] Unlawful Detainer Process under Governor's Proclamations

[Jeff Davis]

Listmates,

 

Landlord client, with two tenants in one house, is suffering through the
nightmare of the lead tenant, with some means (unemployment, etc.)  to pay
some rent, not paying, that tenant is also taking the other tenant's rent
and not turning it over, she's moved her boyfriend in, has a pet pig living
in the house (in violation of the lease) which is making a mess, she defaced
some of the out side structures, and  told the Landlord that she is never
paying rent again and will become a squatter.  The Landlord gave notice that
she intends on inspecting the house this Friday.  I assume access will be
denied.

 

The lease term expired March 1, 2020.

 

Client wants to get them out.  In looking at the first bullet of the April
16, 2020 proclamation, Landlords are prohibited from serving any of the
usual notices to vacate.  Yet at the bottom it states "This prohibition
applies unless the landlord, property owner, . . attaches an affidavit
attesting that the action is necessary to respond to a significant and
immediate risk to the health or safety of others created by the resident."
Forgetting for a moment the meaning of this last line, what is the affidavit
being attached to?  Is this affidavit in lieu of the usual statutory notices
and so it is filed with the unlawful detainer action?  Also, in looking at
the 6th bullet dealing with rent, you can't collect rent unless the Landlord
demonstrates to a court that the tenant refused a reasonable re-payment
plan.  Again, forgetting what is a reasonable repayment plan, what process
is getting the landlord into court?

 

Your sage advice would be helpful as when Monday morning comes I may be
heading for court.

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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