[WSBARP] Removing Squatters

Mon Jul 12 16:10:12 PDT 2021

Doesn’t matter.  Owner gave them permission to occupy premises.  Permission has been withdrawn.  “The tenancy was terminated when demand for possession was made upon the land, and the only possible right plaintiff may have had thereafter was a reasonable time within which to vacate.”  Najewitz v. Seattle, 21 Wash. 2d 656, 659 (1944).  We just obtained a writ of ejectment last Friday where deceased had a permissive roommate.  We gave a 60 day notice only because the moratorium required it when served.  However, unlike in tenancies, we did not re-serve a 90 day because 1236 did not apply and judge agreed.

Deric N. Young, Attorney at Law
Jack W. Hanemann, P.S.
2120 State Ave N.E., Suite 101
Olympia, Washington  98506
Phone: (360) 357-3501
Fax: (360) 357-2299
Email:  deric at hbjlaw.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, July 12, 2021 3:45 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Removing Squatters

They have been there about a year.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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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
Sent: Monday, July 12, 2021 2:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Removing Squatters

This is an ejectment (possibly with quiet title). How long have the occupants been on the property?

On Mon, Jul 12, 2021 at 2:04 PM <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>> wrote:
Listmates:

Clients allowed acquaintances to move their RV onto client’s property until they got back on their feet.  No rent was charged.  Now the people appear to be attempting to take over a portion of the property for themselves.  They have installed fencing around a portion of the RV; they removed trees and shrubs; they took over a garage; they even brought a large pet snake onto the property which they were told before, they could not due.  They even told a Sheriff Deputy that they own the property (in order to have an abandoned care removed).  The clients want these people to move.

I am not sure if this situation arises to a landlord-tenant relationship covered by the moratorium, but I assume courts will treat it as such.  If it is not a landlord-tenant relationship; are ejectment actions still available?  Your ideas would be helpful

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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