[WSBARP] Property owner’s intent to personally occupy

[Eric Lanza]

Hello listserv,

PC has a “she-shed” in her back yard that is set up to be her home office/workspace.

Shed is insulated, has electricity/internet, but no plumbing. The shed is really not suitable for stand-alone habitation as a dwelling.

PC had an acquaintance who had fallen on hard times--she offered to let friend stay in the “shed” in the back yard.

Surprise surprise…things aren’t going so well. Acquaintance is not being very respectful of PC’s property, nor is the acquaintance being very nice to PC---PC is now afraid to step out into her back yard.

Arguably, I could assert imminent threat to health and safety (I don’t know what they are doing about lack of plumbing, but can only assume it isn’t sanitary)…but I’ve danced that dance a few times over the past 12 months and know it can be a hard evidentiary bar to meet at trial.

PC would like to reclaim this shed as her workspace/home office. 60 day notice of owners intent to occupy appropriate? PC won’t be “moving in” to the shed, but the shed was (is?) part of her primary residence.

I can think of arguments for and against the 60 day, but wanted to see if anyone has any experience with a similar fact pattern.

Thanks!

Eric J. Lanza, J.D.

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