[WSBARP] Removing Squatters
Deric Young
Deric at hbjlaw.com
Wed Jul 14 07:55:42 PDT 2021
I’m not an expert, but over the past 3 or 4 years, we’ve had a number of cases calling for an ejectment, especially in the probate arena. It has been an experiment, and so far successful. There is no specified form. The key elements are withdrawal of permission and reasonable time to vacate. Generally, other than under the moratorium, during which time we substituted a 60 day or significant and immediate risk notice, we’ve been successful taking a 20 day notice to terminate (or less, for example, if there are substantial violations such as criminal activity or damage to property), change references to tenancy to occupancy, eviction to ejectment and substitute Ch. 7.28 RCW for RCW 59.12.030(2). If applicable, we’ll draft it to the situation, for example, for an employee, reference the terms of an “at will” employment agreement or for an estate reference the PR’s duty to take possession of and protect decedents assets, and in some cases for no reason at all.
I’ll also note that with reference to Kaitlyn’s comment regarding an MSJ, I agree, except to add that if your facts satisfy the requirements for a preliminary injunction, you can actually get into court on a show cause hearing just as fast as you can for a UD.
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<mailto:deric at hbjlaw.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 Josh Grant
Sent: Tuesday, July 13, 2021 11:09 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Removing Squatters
Could someone share with me a 20 day ejection notice?
thanks
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Kaitlyn Jackson
Sent: Monday, July 12, 2021 5:58 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Removing Squatters
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<mailto:tjw at w3net.net>> wrote:
But this is still an ejectment action and not LLT – right?
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
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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 4:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto: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<mailto:deric at hbjlaw.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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Monday, July 12, 2021 3:45 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Removing Squatters
They have been there about a year.
Jeff
W. Jeff Davis
BELL & DAVIS PLLC
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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
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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
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