[WSBARP] Removing Squatters

Mon Jul 12 16:33:04 PDT 2021

The proclamation 20-19 does say 
“Permissible Unlawful Detainer Actions
    Excepting the prohibitions stated herein, all other allowable evictions under ESHB 1236 and ... RCW 59.18.. may proceed as otherwise allowed by law”.

RCW 59.12 isn’t mentioned, but that seems to mean RCW 59.12 evictions were never a part of the moratorium?

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Deric Young 
Sent: Monday, July 12, 2021 4:10 PM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] Removing Squatters

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  Permission has been withdrawn.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

This e-mail message and any attachments are confidential and may be privileged.  If you are not the intended recipient, please notify deric at hbjlaw.com immediately by replying to this message and destroy all copies of this message including all attachments.

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
www.bellanddavispllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <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>
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> 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
  www.bellanddavispllc.com

  The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com  or call 360.683.1129.

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-- 

Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC 
130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com| www.dimensionlaw.com

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