[WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Wed Mar 10 13:45:50 PST 2021

The CDC  Order’s definition of “Residential Property” is property leased for residential purposes, so would not apply to a property not regularly rented where someone has broken in, squatted or otherwise not allowed to be there.  The definition specifically excludes hotel, motel or other guest house rented to temporary guest or seasonal tenant.  Of course the Washington Moratorium speaks to temporary dwellers who stay more than 14-days, but I don’t believe the CDC Order applies to 60-day notices given to sell when the occupant is holding over after a foreclosure, sheriff’s sale, or other non-lease occupancy.

Jean M. McCoy | Attorney at Law
Landerholm P.S.
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P.O. Box 1086
Vancouver, WA 98666-1086
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, March 9, 2021 11:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Bryce -

Theoretically, if the occupant submits the CDC Declaration, then under the current legal justification, the occupant would be protected.

If you look at the CDC's terribly drafted "Order" you will see it applies to a "landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action" and  "covered persons" are defined as "tenant, lessee, or resident of a residential property."

The way I read it is that under the broad interpretation being applied, it even applies to a squatter or a trespasser. The CDC's Order does not (to my knowledge) even require the person, be on the property legally.

On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:
What about evictions arising out of non landlord tenant situations where PR is attempting to evict a family member from decedents house after 60 day notice to sell was given and we are in action for ejectment.

Bryce H. Dille
Dille Law, PLLC
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Olympia, WA 98502
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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 Rob Rowley
Sent: Tuesday, March 9, 2021 11:03 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Any thoughts on the February 4, 2021 Supreme Court commissioners ruling which raised issues with evictions related to terminations based upon owner's intent to sell or occupy.  Dealing with the federal CDC eviction moratorium being declared unconstitutional by a Texas federal district court.  Oral argument on May 13.

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

I understand we can still issue notices just not proceed with eviction hearings.

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