[WSBARP] We Knew It Was Gonna Happen

Wed Mar 31 09:57:15 PDT 2021

My understanding is that the Seattle does not even allow for the owner
occupancy or the owner intent to sell exceptions.
I have a couple of cases where client is now permanently residing in a
facility (nursing home and memory care units); we need to sell their homes
to pay for their facility care and I can not remove the 'deadbeat adult
kids' - who do not even pay rent - in order to put the houses on the market.

If anyone has had any luck with these types of situations, please share!!!

Laurel Brown

On Wed, Mar 31, 2021 at 9:53 AM <Jeff at bellanddavispllc.com> wrote:

> Listmates:
>
>
>
> What are the exceptions to the Seattle moratorium.  I have a probate
> estate that needs to sell two tenant occupied homes in Seattle.  Any luck
> getting the tenants out?
>
>
>
> Jeff
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Maxwell Glasson
> *Sent:* Wednesday, March 31, 2021 9:03 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] We Knew It Was Gonna Happen
>
>
>
> Correct, bearing in mind that Seattle doesn’t even allow you to use the
> “personal occupancy” exception to its moratorium anyway.  Either way, the
> Tenant undertaking the destruction that made it impractical/impossible to
> occupy or sell would be the bad faith/unclean hands defense to any action.
>
>
>
> 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
>
> *WA# 51948  NV# 13339  CA# 292356*
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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 30, 2021 6:32 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Cc:* realprop at googlegroups.com
> *Subject:* Re: [WSBARP] We Knew It Was Gonna Happen
>
>
>
> 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
>
> *WA# 51948  NV# 13339  CA# 292356*
>
> THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE
> ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF
> THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE
> NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
> DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
> USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
> STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY
> NOTIFY US AND DELETE THE ORIGINAL MESSAGE.
>
>
>
> *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,
>
>
> 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|
> <kaitlyn at dimensionlaw.com%7C>* www.dimensionlaw.com
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-- 
Laurel Brown
*Attorney and Counselor at Law*
*5071 SW Waite St.*
*Seattle, WA  98116*
*info at lbrownlaw.com <info at lbrownlaw.com>*
*425-361-6286*
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