[WSBARP] [REALPROP] We Knew It Was Gonna Happen

[Paul Neumiller]

Thanks to all who responded with great ideas.  Have a good weekend.


[cid:image001.jpg at 01D727D1.607DBC20]

From: Christopher Cutting <christopher at cuttinglaw.com>
Sent: Tuesday, March 30, 2021 4:42 PM
To: Paul Neumiller <pneumiller at hotmail.com>
Cc: realprop at googlegroups.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [REALPROP] We Knew It Was Gonna Happen

Paul,
If someone were to complain, it would be the former resident. I dealt with a case once where the former resident spied on the owner/unit for several months to gather evidence he believed showed the owner lied about intending to move in. Per a discussion with an AAG regarding the moratorium, if a tenant made such a complaint they would investigate it and potentially bring a lawsuit for breach of the moratorium. I am not aware of any such cases actually being filed.

To me, your facts make a good case for why the intent to move existed but was never followed-through on. In theory, the ambiguity on whether intent or an actual move is required should go to the citizen in this circumstance, not the government. If the former resident were to sue the owner directly, that could be another story.

I would be most comfortable if he made diligent efforts to fix up the unit (assuming that's feasible) and did move in. In that circumstance, you're looking at a delay rather than a complete change in plans. Life gets in the way sometimes, however, and strong documentation that the unit is not livable, so the owner had to make alternative plans, might be strong enough.

Regards,

Christopher D. Cutting
Cutting Law Office PC
p. 206.788.8840
www.cuttinglaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cuttinglaw.com%2F&data=04%7C01%7C%7Cce3ce339c1004c37b63008d8f3d57505%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637527445403945415%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=snQPawIwfhG5ad3uI22rig3b3vsvcJL%2BSde3%2FUim1tk%3D&reserved=0>


On Tue, Mar 30, 2021 at 4:32 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:

Elderly man brings an eviction and delivers a 60-day notice of affidavit of intent to personally occupy.  He intended to move in because he is in a wheelchair and the trailer has a handicap ramp.  Post-eviction, the family discovers the tenants totally trashed the place with holes in wall, garbage, and vermin.  Family (and elderly man) do not want to move elderly father into the trailer knowing its dangerous condition.  So, the gov's moratorium requires the LL to state an intention to move in.  The moratorium does not give any requirements as to when the LL must move in or what happens under changed circumstances.  And, it seems to me that the elderly father fulfilled his requirement under the 60-day notice because, at the time he signed the notice, he had every intention of moving into the trailer.



Any of you UD Gurus come across this yet and what was your analysis or what was the resolution.  It does seem to me that, on a practical basis, who has standing to complain or who is going to complain (or even find out in order to complain)?






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