[WSBARP] Forcible Detainer Gurus

[Paul Neumiller]

Sorry, I meant under RCW 59.12.020


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, August 2, 2022 3:28 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Forcible Detainer Gurus

LL allowed occupant to use a portion of a barn for a few days.  Months later I brought an action for forceable detainer under RCW 59.12.030.  The judge kicked the show cause hearing for a longer time to hear testimony on how the tenant "By force, or by menaces and threats of violence, unlawfully holds and keeps the possession" of the property (which the judge called "a very serious charge").   The judge stated that the verified complaint stating that tenants threatened LL was inadequate.  A review of the caselaw (all unreported cases) just state that the occupants were initially there with permission and now refuse to leave.  I have no reported case that defines "by force, or by menaces and threats of violence."  The cases seem to suggest that the LL just needs to establish ownership and then, almost by definition, the demand to leave is prima facia that the tenant is staying by "force."  Any help out there as to the elements of "forceable detainer"?


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