[WSBARP] Landlord-Tenant question

[Jeff Crollard]

Hello Margaret,

The other issue to consider is whether the rent to the mother will constitute income and jeopardize her COPES eligibility.  Ann Vining at NW Health Law Advocates just answered some questions similar to this in an email a few days ago.  I'd suggest contacting her or other super-duper Medicaid experts.

Jeff

Jeff B. Crollard
Crollard Law Office, PLLC
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Bellingham, WA 98225
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jbc at crollardlaw.com<mailto:jbc at crollardlaw.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gwendolyn Cornwell
Sent: Wednesday, August 10, 2022 2:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord-Tenant question

Margaret,

I don't believe the 20 day notice would be applicable.  The 60 day notice might work.  However, even if the notice is valid, there are many cases where the tenant refuses to move out.  Even the "expedited" unlawful detainer process can take months right now.  It is very difficult to know how long it will take to have someone evicted.  Although this particular case would likely pull on the judge's or commissioner's heartstrings, they would likely still give the tenant a continuance if they asked for time to get an attorney.

Regards,

Gwendolyn Cornwell
Attorney
GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Margaret Delp
Sent: Wednesday, August 10, 2022 2:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBARP] Landlord-Tenant question

Hello everyone: I am working with a client whose elderly mother will soon be moving from her home to an adult family home, with her care to be paid by COPES-Medicaid. The elderly person and her family hope to keep ownership of the house at least until the elderly person passes away. A friend of family who is very ill also lives in the house paying nominal rent.

After the mother moves to the adult family home, the family is hoping to rent out another room in the house to earn just enough money to cover costs of maintaining the house. The ill friend will continue to live at the house. No one in the family has funds to cover the house maintenance costs as they are incurred. The question we have is can they enter into a month-to-month lease with a tenant, but require the tenant to move out with 30 days notice (or less) in the event that the elderly person's health improves and she wants to move home (or is in hospice and wants to pass away at home).

This is not my area, and I am looking for feedback on some options I saw in the landlord-tenant statute.

I don't think the client fits into any of the circumstances in which they could give notice to vacate without cause under RCW 59.18.650; and, only a few possible "causes" fit the client's potential circumstances. RCW 59.18.650(2)(d) allows eviction if the owner wishes to occupy, but she must provide 90 days notice. That notice period would be too long for some of the client's scenarios. Another option I saw was RCW 59.18.650(2)(i), which provides for eviction for cause if "the tenant continues in possession after an owner or lessor, with whom the tenant shares the dwelling unit or access to a common kitchen or bathroom area, has served at least 20 days' advance written notice to vacate prior to the end of the rental term or, if a periodic tenancy, the end of the rental period". Since the house will be shared with the elderly person's friend, could that friend be considered a "lessor" and entitle the owner/landlord and lessor to evict with just 20 days notice?  Finally, perhaps the owner could evict under subpart (m), if the mother could show an important economic reason for moving home, requiring a 60 day notice period?

Perhaps there are other options, or perhaps renting in this circumstance is just a terrible idea?

I appreciate your thoughts.
Thanks so much,
Margaret
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