[WSBARP] Removing Squatters
Kaitlyn Jackson
kaitlyn at dimensionlaw.com
Mon Jul 12 17:58:16 PDT 2021
Sometimes you can win these things as evictions. But I have a feeling those days are over. I would process as an ejectment. You would probably win on summary judgment faster than an eviction would happen in today’s eviction world. Evictions are now “summary proceedings” in name only now in my opinion.
Sent from my iPhone
> On Jul 12, 2021, at 5:39 PM, Tom Westbrook <tjw at w3net.net> wrote:
>
>
> But this is still an ejectment action and not LLT – right?
>
> Sincerely,
>
> Tom
>
> Thomas J. Westbrook
> Attorney at Law
>
> <image001.jpg>
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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
> <image002.png>
>
> 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 Permission has been withdrawn.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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>
> 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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> 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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> 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.
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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
Internal Revenue Code; or (ii) promoting, marketing or recommending to
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