[WSBARP] house provided as condition of employment

Tue Jan 4 12:23:22 PST 2022

If this occupant is an employee of the landlord, has there been any formal
employer/employee documentation? I would want to get this out of
landlord/tenant world and strictly into RCW 59.12 first. One of the
exemptions to RCw 59.18 is an employer/employee relationship (see
highlights below). But you would need to show that this person is an
employee and not an independent contractor.

If employee/employer relationship cannot be shown, but this person has
never paid rent nor can show any written agreement exists, I would probably
do a 30 day notice to terminate occupancy and move forward with an
ejectment action because your client likely cannot prove enough evidence to
use any of the options under rcw 59.12. Some attorneys would try to use
59.12 in the hopes that this person doesn't bother to mount any convincing
defenses and/or a commissioner doesn't buy any of the defenses, but I find
that serving a summons/complaint for ejectment and setting the issue with a
summary judgment or a show cause hearing to be almost as quick as a UD
action and it avoids the risk of wasting time and attorneys fees
prosecuting a UD that ultimately is not successful and then having to start
an ejectment action. Also, I don't think the new laws that require indigent
tenants to be represented by counsel apply to ejectment actions - so it
also removes the risk of getting bogged down in that quagmire as well.

Kaitlyn

RCW 59.18.040 <http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.040>
Living arrangements exempted from chapter.
The following living arrangements are not intended to be governed by the
provisions of this chapter, unless established primarily to avoid its
application, in which event the provisions of this chapter shall control:
(1) Residence at an institution, whether public or private, where residence
is merely incidental to detention or the provision of medical, religious,
educational, recreational, or similar services, including but not limited
to correctional facilities, licensed nursing homes, monasteries and
convents, and hospitals;
(2) Occupancy under a bona fide earnest money agreement to purchase or
contract of sale of the dwelling unit or the property of which it is a
part, where the tenant is, or stands in the place of, the purchaser;
(3) Residence in a hotel, motel, or other transient lodging whose operation
is defined in RCW 19.48.010
<http://app.leg.wa.gov/RCW/default.aspx?cite=19.48.010>;
(4) Rental agreements entered into pursuant to the provisions of chapter
47.12 <http://app.leg.wa.gov/RCW/default.aspx?cite=47.12> RCW where
occupancy is by an owner-condemnee and where such agreement does not
violate the public policy of this state of ensuring decent, safe, and
sanitary housing and is so certified by the consumer protection division of
the attorney general's office;
(5) Rental agreements for the use of any single-family residence which are
incidental to leases or rentals entered into in connection with a lease of
land to be used primarily for agricultural purposes;
(6) Rental agreements providing housing for seasonal agricultural employees
while provided in conjunction with such employment;
(7) Rental agreements with the state of Washington, department of natural
resources, on public lands governed by Title 79
<http://app.leg.wa.gov/RCW/default.aspx?cite=79> RCW;
*(8) Occupancy by an employee of a landlord whose right to occupy is
conditioned upon employment in or about the premises.*

On Tue, Jan 4, 2022 at 12:05 PM Craig Gourley <craig at glgmail.com> wrote:

> Listmates,  I thought I saw something posted along these lines a while
> back but can’t seem to locate the thread.  Employer provides a house for
> bad employee/caretaker to live in at no charge.  Bad employee is supposed
> to maintain the property, collect rents from additional tenants etc.
> Client wants to terminate the employment, demand an accounting and get the
> guy to move out.  My client is a non-English speaking person that lives on
> the other side of the planet. It goes without saying that there is no
> contract and no written agreement. Bad manager talked the client into
> firing the professional management company and let him move into the house
> and “ run the business”  My client has not seen a  dime of rent nor had any
> accounting for repairs etc.  If we formally terminate him what would the
> notice requirements be for moving out?  IS “ labor” considered “ rent “  so
> we have a LLT relationship requiring “ cause”? Permissive use now revoked
> so we are under 59.12?  The thread I recall seemed to have a magic bullet
> for this scenario.  I appreciate all comments and assistance.   Craig
>
>
>
> *GOURLEY LAW GROUP*
>
> *THE EXCHANGE CONNECTION*
>
> *SNOHOMISH ESCROW *
>
> P.O. Box 1091
>
> Snohomish, WA 98291
>
> PH:  (360) 568-5065 (800) 291-8401
>
> Fax: (360) 568-8092
>
>
>
> CONFIDENTIALITY NOTICE: This electronic mail transmission may contain
> legally privileged, confidential information belonging to the sender. The
> information is intended only for the use of the individual or entity named
> above. If you are not the intended recipient, you are hereby notified that
> any disclosure, copying, distribution or taking any action based on the
> contents of this electronic mail is strictly prohibited. If you have
> received this electronic mail in error, please contact sender and delete
> all copies.
>
>
> ***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

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email: **kaitlyn**@dimensionlaw.com <http://dimensionlaw.com/>*

*www.dimensionlaw.com <http://www.dimensionlaw.com/>*

130 Andover Park East, Suite 300, Tukwila, WA 98188

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

PRIVILEGED AND CONFIDENTIAL:  This email (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 email is prohibited. If you have received
this email in error, please immediately notify us by email, facsimile, or
telephone; return the email to us at the email address below; and destroy
all paper and electronic copies.

*Please note that I will be going on leave starting November 15, 2021
through April 1, 2022, and will not have access to phone or email. Thomas
Morningstar will be managing my cases and can be reached at
Thomas at Dimensionlaw.com. *

-- 
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/20220104/d478df13/attachment.html>