[WSBARP] Tenancy at will

Stephen Brandli steve at brandlilaw.com
Tue Nov 2 10:16:12 PDT 2021


Folks,

I am sure the situation I have is common, but my research is not entirely clear.  The situation is the boyfriend/girlfriend who is living at the owner's house when things were romantic, but who refuses to leave when the romantic relationship ends.

Under the common law, this is a tenancy at will.  The question is whether the landlord-tenant act applies.  My analysis is that the simple agreement that the boyfriend/girlfriend can live at the house is a "rental agreement" as that term is defined in RCW 59.18.030, and so the boyfriend/girlfriend is a "tenant" as that term is defined in the same section, and that therefore the act applies.  Does anyone disagree with this analysis?

The question is then whether RCW 59.18.650 applies.  It appears to apply to all tenancies, including a tenancy at will.  This is not a periodic tenancy.  RCW 59.18.200(1)(a) does not apply because there is no "monthly or other periodic rent reserved."  So 59.18.650(1)(b) through (d) do not apply.  Therefore, there must be a reason under RCW 59.18.650(2).  Does this make sense to everyone?

                Steve
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