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

Fri Oct 30 10:53:36 PDT 2020

This week I had to arm wrestle the prosecutor’s office for the Sheriff to
execute a STIPULATED 60 day to sale writ which contained all of the magic
language about being exempt. Stipulation by the local tenant rights
attorney.  Owner selling with holdover tenant who wouldn’t move after
receiving all proper termination notices and showed up for a contested show
cause hearing. I eventually won.

Logic was that order won’t protect them in a lawsuit for wrongful
eviction/violation of the Governor’s stay.

*Robert R Rowley*
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in Washington and Idaho. *

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Paul Neumiller
*Sent:* Friday, October 30, 2020 10:33 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Moratoriums, Evictions, and Holdover Tenants OH MY

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>
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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Thank you,

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130 Andover Park East, Suite 300 | Tukwila, WA 98188

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