[WSBARP] We Knew It Was Gonna Happen

Tue Mar 30 18:32:11 PDT 2021

I think it also depends on the City the property is located in. For
example, Seattle (I think) created some standard for terminating a month to
month tenancy whereby the owner lists a reason to sell which creates a
"rebuttable presumption" of bad faith on the part of the owner if the owner
does not do so within X amount of time. In this case, however, it sounds
like it would be the AG's Office who would have the authority to
investigate and it would be up to them to prosecute if they felt there was
a violation of the Governor's moratorium. I think it's a criminal penalty
with potential jail time and/or a large fine. Under these facts, however, I
think prosecutorial discretion is probably appropriate. However, if the
family puts another tenant in there instead - that could cause problems.

Sorry for the barely coherent ramble.

Kaitlyn

On Tue, Mar 30, 2021 at 4:43 PM Maxwell Glasson <max at glassonlegal.com>
wrote:

> Paul,
>
>
>
> Per the Emergency Order, you only need to give the declaration of your
> intent to occupy, and does not give any other guidance as to timelines or
> actual occupation.  In this case, my thought is that only the former Tenant
> would have the right to complain, and they definitely don’t have the clean
> hands to bring any solid action against the elderly man.
>
>
>
> Regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Tuesday, March 30, 2021 4:33 PM
> *To:* realprop at googlegroups.com; WSBA Real Property Listserv <
> wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] We Knew It Was Gonna Happen
>
>
>
> Elderly man brings an eviction and delivers a 60-day notice of affidavit
> of intent to personally occupy.  He intended to move in because he is in a
> wheelchair and the trailer has a handicap ramp.  Post-eviction, the family
> discovers the tenants totally trashed the place with holes in wall,
> garbage, and vermin.  Family (and elderly man) do not want to move elderly
> father into the trailer knowing its dangerous condition.  So, the gov’s
> moratorium requires the LL to state an *intention* to move in.  The
> moratorium does not give any requirements as to when the LL must move in or
> what happens under changed circumstances.  And, it seems to me that the
> elderly father fulfilled his requirement under the 60-day notice because,
> at the time he signed the notice, he had every intention of moving into the
> trailer.
>
>
>
> Any of you UD Gurus come across this yet and what was your analysis or
> what was the resolution.  It does seem to me that, on a practical basis,
> who has standing to complain or who is going to complain (or even find out
> in order to complain)?
>
>
>
>
>
>
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Thank you,

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