[WSBARP] Ejectment vs Eviction under moratorium

Wed Feb 10 15:40:15 PST 2021

I think I chimed in the last time this topic came up on the listserv.

Quiet Title actions are covered by the moratorium IF you seek a writ of ejectment as part of the relief requested.

The AG contacted me after I had filed my quiet title/ejectment action, and demanded that I take no further action on the case unless I sent a 60 day notice of owner's intent to sell/occupy.

I sent the 60 day notice as requested by the AG. After the 60 day notice expired, I noted a motion for summary judgment in Thurston County. The opposing party's attorney argued that the writ of ejectment could not issue under the moratorium.

In reply, I submitted a copy of the AG's letter asking me to comply with the 60-day notice requirement, and a copy of the 60 day notice I sent out shortly after receiving the AG's letter.

The Judge was satisfied, and granted the writ of ejectment at the summary judgment hearing. I didn't have any issues with the Thurston County Sheriff executing the writ.

Everything went smoothly.

Eric J. Lanza, J.D.

[cid:image002.png at 01D6FFC3.05C43A60]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of tjw at w3net.net
Sent: Wednesday, February 10, 2021 3:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment vs Eviction under moratorium

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

[cid:image003.jpg at 01D6FFC3.05C43A60]

Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington  98502

Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com<mailto:tjw at buddbaylaw.com>
Skype: thomas.westbrook
www.buddbaylaw.com<http://www.buddbaylaw.com/>

The information contained in this email and attachment(s) are for the exclusive use of the addressee(s) and may contain private, privileged and/or confidential information.  If you are not the addressee, you are strictly prohibited from reading, photocopying, distributing or otherwise using this email or its contents in any way. If you have received this communication in error, please notify us immediately by telephone at 360-352-8311 or by e-mail to our receptionist at reception at buddbaylaw.com<mailto:reception at buddbaylaw.com>, and destroy the original message from your electronic files.

COVID-19 UPDATE:
* Rodgers Kee Card & Strophy will no longer maintain "open" hours at the physical office.
* All the staff is working remotely.  We are routinely monitoring our voice mail and email, which is the best way to communicate during this period.
* We are still taking new clients but consultations will be telephonic or via video conferencing, and any in-person meetings will be by appointment and only if necessary to execute documents.
* Please provide necessary documents to us by scan and email, where possible, or by mail if not.
* We anticipate these changes will be effective for the foreseeable future.  We are doing everything we can to maintain the level of service and professionalism we've always provided, even in the face of this public health crisis. Thank you in advance for your patience and understanding.   We look forward to the soonest possible return to full operations and continued service to our clients.

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 Roger Hawkes
Sent: Wednesday, February 10, 2021 2:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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

[cid:image005.jpg at 01D6FFC3.05C43A60]

p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210210/926f69ce/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 184959 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210210/926f69ce/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 4595 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210210/926f69ce/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 5083 bytes
Desc: image005.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210210/926f69ce/image005.jpg>