[WSBARP] Ejectment vs Eviction under moratorium

Wed Feb 10 15:21:59 PST 2021

Based upon my reading of the Governor's moratorium, which I am attaching, it
does not matter if there is a LL/T relationship; anyone that is on the
property legally as a resident from the beginning of their residency cannot
be evicted. At least that is the case in Thurston County and was recently
stated in a local bar CLE to be the case. The proclamation "Prevents
landlords, property owners, and property managers from (1) serving eviction
notices; (2) seeking eviction orders....." And, law enforcement is
prohibited from evicting as well, unless there are certain circumstances
that are exceptions as set forth in the proclamation. One caveat is, the
person must have been on the property legally at the outset; if not then you
supposed to be able to evict via ejectment or any other legal process, but
we have homeless people on property in Olympia that cannot be evicted by
private citizens or the City.  

I am sitting on 2 ejectment actions right now that I started before the
moratorium and can't move forward until I can get a Judge to sign a Writ of
Restitution and law enforcement can evict.

Good luck if you have the courage to try it. Make sure you advice your
client there are risks. 

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

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Skype: thomas.westbrook

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Roger Hawkes
Sent: Wednesday, February 10, 2021 2:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment vs Eviction under moratorium

Be aware the county court system where property is located may very well
have placed its own restrictions on such actions.

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 Timothy Lehr
Sent: Wednesday, February 10, 2021 2:26 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] Ejectment vs Eviction under moratorium

All,

Has anyone successfully pursued an ejectment action under the moratorium vs
an eviction? I have a couple cases where an ejectment seems proper vs an
eviction as there is no LL/T relationship. 

Case 1 - PC allowed occupant to stay in a manufactured home on his property
a few years ago. No rent exchanged. PC wanted to "help" the occupant during
rough times, but now occupant is refusing to leave and causing other types
of problems. PC is selling the manufactured home and a 60-Day notice was
properly served with affidavit and purchase agreement signed by buyer. I
would love to file eviction under RLLTA and cite "Intent to Sell" exception
to moratorium to speed things up, but I believe this is more of an ejectment
situation and don't want to get to a hearing and get it tossed out. 

Case 2- PC purchased home at foreclosure sale. Previous owner is now
refusing to vacate. The sheriff already told PC they can't help and to get
attorney. I haven't determined yet whether PC is planning to "occupy" the
property or not. If he does wish to occupy, we serve 60-Day with attachments
and we're in the same scenario as Case 1, ejectment vs eviction. If he
doesn't intend to occupy, can we move forward with ejectment action under
the moratorium where none of the exceptions are present? If not, it seems
property owners have ZERO recourse in the event of a squatter on their
property without the presence of exceptions.? That seems wild to me, but par
for the course with this moratorium. 

Any thoughts would be appreciated!

Timothy C. Lehr

Attorney at Law

p:   360.855.0131

e:   timothy at stileslaw.com <mailto:timothy at stileslaw.com> 

w:  www.stileslaw.com <http://www.stileslaw.com/> 

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