[WSBARP] Moratoriums, Evictions, and Holdover Tenants OH MY

Fri Oct 30 10:33:24 PDT 2020

I agree.  Even if you can get the judge to accept the exception, you still have to get by the County Sheriff.  My county’s sheriff refused to enforce a court order for a Writ of Replevin because the county counsel “disagreed” with the judge’s order (who specifically found that the moratorium didn’t apply) and “wished the judge hadn’t ruled that way.”

We were forced to find a different solution because the client didn’t want to be the test case and bring a mandamus action against the sheriff.

Isn’t there a canon of judicial interpretation that the language of the specific controls the language of the general?  Maybe, because the language in the “whereas” provision specifically addresses (and defines) “holdover occupants”, that language would control over the general prohibition set forth in the actual order.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Thursday, October 29, 2020 4:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Moratoriums, Evictions, and Holdover Tenants OH MY

Paul -

I was just discussing this language with a colleague yesterday. Unfortunately, I think the Commissioners are ignoring this language because it's only in the "whereas" portion and is prompted with "intent" when the actual "order" language provides blanket protection to virtually anyone who has been residing in a traditional or non-traditional dwelling for 14 days or more. But, it's 2020 so anything goes.

In any event, I hope anyone with any insight shares it with the listserve!

Kaitlyn

On Thu, Oct 29, 2020 at 4:08 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Listmates:  One of the "whereas" statements in the Gov's 20-19.4 (page 2, paragraph 6) states "However, this order is not intended to permit occupants introduced into a dwelling who are not listed on the lease to remain or hold over after the tenant(s) of record permanently vacate the dwelling ('holdover occupant')...."  I now have the situation where an unknown occupant is holding over after the tenant of record has left.  The owner of the property has demanded that the holdover occupant leave but has not demanded rent or indicated the existence of a LL-T relationship.

Has anyone used this language to remove an occupant and how did it go?  If so, what did you use?  UD or Ejectment?

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