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

[Paul Neumiller]

At the risk of appearing callous, isn't this the sheriff's problem?  Some of my evictions involve homeless camps/drug users and the sheriff escorts them from the property if they are present on the lockout date.  My standard Writ of Restitution says "NOW, THEREFORE, you, the Sheriff, are hereby commanded to deliver to Plaintiff, no sooner than five courts days after the date of the Order is signed, the possession of, and to break and enter the following premises for purposes of this Writ..."  So, the LL needs to work closely with the sheriff to inform the sheriff of the situation.  Maybe the County welfare can get involved because you don't want the sheriff to dump the person on the sidewalk.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, December 15, 2022 8:53 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UDA - 90 Day Notice to Sell - But rent being paid

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
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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 Kaitlyn Jackson
Sent: Wednesday, December 14, 2022 6:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
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Sequim WA 98382
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