[WSBARP] Ejectment vs Eviction under moratorium

[Paul Neumiller]

Actually under #2, there is no ambiguity. The RCW says you have the right to evict:


RCW 61.24.060
Rights and remedies of trustee's sale purchaser-Written notice to occupants or tenants.
(1) The purchaser at the trustee's sale shall be entitled to possession of the property on the twentieth day following the sale, as against the borrower and grantor under the deed of trust and anyone having an interest junior to the deed of trust, including occupants who are not tenants, who were given all of the notices to which they were entitled under this chapter. The purchaser shall also have a right to the summary proceedings to obtain possession of real property provided in chapter 59.12 RCW.

But, then you have to work within the parameter of the moratorium.  Either the occupants present a danger to person or property or your owner plans to either move in or sell it.


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From: wsbarp-bounces at lists.wsbarppt.com <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
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

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