[WSBARP] Removing Squatters
Tom Westbrook
tjw at w3net.net
Mon Jul 12 17:35:55 PDT 2021
But this is still an ejectment action and not LLT – right?
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
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Email: tjw at buddbaylaw.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 4:40 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Removing Squatters
ESHB 1236 in Section 6 speaks to the reenactment and amendments to RCW
59.12. It specifically reenacts the 20 day provision (the significant
changes relate to RCW 59.18). So, in short, evictions under RCW 59.12 can
move forward under the current "Bridge" proclamation (or, what I'm calling
the "Not Proclamation-Proclamation").
KJ
On Mon, Jul 12, 2021 at 4:35 PM Josh Grant <jgrant at accima.com> wrote:
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*
[image: advocates]
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has been withdrawn.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
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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
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
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Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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Thank you,
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130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com|
<kaitlyn at dimensionlaw.com|>* www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
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intended recipient, you are notified that any review, dissemination,
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this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
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error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies. Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm’s client(s) or its agents. IRS CIRCULAR 230
DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
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