[WSBARP] UDA - 90 Day Notice to Sell - But rent being paid

Thu Dec 15 08:53:13 PST 2022

Thank you Kaitlyn,

The probate has been open for over a year; I just took over when the original attorney retired.  The bedridden tenant has known for a long time he needs to move so the house can be sold as heirs “want their inheritance.”  The PR has been working with the Tenant’s siblings trying to figure out where to place the tenant.  The tenant has actually been offered an apartment, and then another place, owned by one of the siblings.  He refused them both.  The UDA may be the only way to force the move.

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, December 14, 2022 6:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UDA - 90 Day Notice to Sell - But rent being paid

Jeff -

If rent is accepted for dates after the 90 day period then it will create a month to month tenancy. 

As for the bedridden tenant, call 666. 

Just kidding. You should assume HJP will demand a reasonable accommodation be made to give them substantially more time to vacate and hopefully, their own attorney will connect them with resources. Otherwise, you just have to hope that bed is on wheels. 

Admittedly I try to make light of things because this job can be really dark. But I recognize and appreciate that that situation sounds very sad and I hope that person is provided with helpful resources for a peaceful and smooth relocation. 

KJ

On Wed, Dec 14, 2022 at 3:58 PM <Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> > wrote:

LIstmates:

A probate estate provided 90 day notices to sell two rentals.  That time has passed.  Apparently a housing authority has been paying the monthly rent.  PR has receive checks during the 90 day period but did not cash them.  Question, I don’t see a problem cashing the checks for the time during the 90 day period to get out.  I have a problem if they tried to cash any check after that time lapsed as it might be starting a new month to month tenancy.  Any thoughts?

Also, on the practical side, one tenant is bed ridden.  Assuming we obtained the writ of restitution, how do we remove the tenant?

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

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