[WSBARP] Squatters

Fri Apr 9 15:58:00 PDT 2021

Wow, the 14-day language is in the non-binding “whereas”  language of the moratorium.  So the AG is willing to cherry pick and use the 14-day “whereas” language but NOT abide by the holdover occupant “whereas” language.

[cid:image001.jpg at 01D72D58.CCC05E10]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, April 9, 2021 3:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Squatters

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<mailto:charles at iselylaw.com>> wrote:
Has the AG's position been adjudicated?

Charles A. Isely, Attorney at Law, P.C.
205 East 11th St., Suite 102
PO Box 61983
Vancouver, WA  98666-1983
360-993-1200 (office)
360-567-0165 (fax)

Licensed in Washington and Oregon

Confidentiality: This email is confidential and protected by the attorney client privilege, work product doctrine, or other nondisclosure protection.  If you believe you received this email in error, please inform me; and then delete all copies of the email from your inbox, sent folder and deleted folder without disclosing, printing, copying or storing the communication.  Thank you.

Charles A. Isely Attorney at Law, P.C. does not agree to accept service of Washington or Oregon state court pleadings by e-mail or fax, unless Charles A. Isely provides written consent with respect to a specific pleading.

________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>>
Sent: Friday, April 9, 2021 1:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto: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
Get Outlook for Android<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Faka.ms%2Fghei36&data=04%7C01%7C%7C5d85e636f8434a55686208d8fba49af9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637536031675256942%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=m1wqgNM%2FMzpxGxthcrDvlgxy5dzB9lG9lddOehqA7oo%3D&reserved=0>
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=04%7C01%7C%7C5d85e636f8434a55686208d8fba49af9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637536031675266894%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bWcBAtYIZMuOvOPdU0hfugR2SJeRFgLf0IHEcnKCrG0%3D&reserved=0>

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 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.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=04%7C01%7C%7C5d85e636f8434a55686208d8fba49af9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637536031675266894%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=bWcBAtYIZMuOvOPdU0hfugR2SJeRFgLf0IHEcnKCrG0%3D&reserved=0>

--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dimensionlaw.com%2F&data=04%7C01%7C%7C5d85e636f8434a55686208d8fba49af9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637536031675266894%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=w81poETCwIbP6B1992ubQiYuVJDvz5fPwdi70duIoW8%3D&reserved=0>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 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.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210409/ea7a77d7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210409/ea7a77d7/image001.jpg>