[WSBARP] Tenancy at will

[Kaitlyn Jackson]

This is an ejectment or a forcible detainer. Unless rent has been paid or
agreed to then there's generally no landlord/tenant relationship.

On Tue, Nov 2, 2021 at 10:19 AM Stephen Brandli <steve at brandlilaw.com>
wrote:

> 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
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp



-- 
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*|
www.dimensionlaw.com

*Please note that I will be going on leave starting November 15, 2021, and
will not have access to phone or email. I expect to return to the office
April 1, 2022. My associate, Thomas Morningstar, will be managing my cases
during that time. *

*Please note our office is closed November 24th through November 26th and
December 24th through January 2nd. *

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211102/4356bd6c/attachment.html>