[WSBARP] Squatters

[Kaitlyn Jackson]

Craig -

Below is the "whereas" sections which I think speak to this question.
However, I have heard that the "whereas" language is not binding, but only
the language below the order that is binding on courts and the AGs Office.

It could be argued that these occupants do not occupy "lawfully" because
the owner did not give permission for them to be on the property. But then
again, if that were the case, all these occupants would have to do is point
to the language that says it protects "individuals who "have had to move in
with friends or family." So if these individuals had the permission from
the previous tenant to move in with the previous tenant, there's an
argument that their moving in was not "unlawful" and thus their occupancy
is protected by the Moratorium. So, it just depends on whether or not the
AG's Office decides to involve themselves and/or whether the Commissioner
on the bench thinks that this situation falls into an exception. It's a
pretty high risk to take.

 "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; “Airbnb’s”; motor homes; RVs; and camping areas; and

WHEREAS, due to the impacts of the pandemic, individuals and families have
had to move in with friends or family, and college students have had to
return to their parents’ home, for example, and such residents should be
protected from eviction even though they are not documented in a lease.
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”),
unless the landlord, property owner, or property manager (collectively,
“landlord”) has accepted partial or full payment of rent*, including
payment in the form of labor, from the holdover occupant, or has formally
or informally acknowledged the existence of a landlord-tenant relationship
with the holdover occupant; and

On Fri, Apr 9, 2021 at 1:26 PM Charles Isely <charles at iselylaw.com> wrote:

> Has the AG's position been adjudicated?
>
>
> *Charles A. Isely, Attorney at Law, P.C.*
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> ------------------------------
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> on behalf of Kaitlyn Jackson <
> kaitlyn at dimensionlaw.com>
> *Sent:* Friday, April 9, 2021 1:14 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Squatters
>
> I have had a couple cases like this. The AG’s Office said that if the
> occupants have been there for 14 days or more then the Moratorium protects
> them and you cannot remove them unless the owner officially terminates
> under one of the exceptions to the Proclamation.
>
> Sent from my iPhone
>
> On Apr 9, 2021, at 12:31 PM, Craig Gourley <craig at glgmail.com> wrote:
>
> 
> Listmates, I  think this may have been discussed before but I am old and
> forget things. Client has a rental in Skagit County. Tenant moves out but
> prior to leaving moves "guests" in who have pets and in intention of paying
> rent. Can she proceed with eviction or are squatters protected as well ?
>
> Sent from my Verizon, Samsung Galaxy smartphone
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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
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