[WSBARP] house provided as condition of employment

Tue Jan 4 13:18:57 PST 2022

Agree with Kaitlyn. Better to go with ejectment than UD here; termination of employment is sufficient reason to eject and there’s no real defense so you can often get it on summary judgment. Briefing excerpt from a trial some years back:

A tenancy at will is a tenancy (a) of indefinite duration, (b) with no monthly or other periodic rent reserved, (c) terminable at the will of either landlord or tenant, without advance notice. Najewitz v. City of Seattle, 21 Wn.2d 656, 659, 152 P.2d 722 (1944); accord, Turner v. White, 20 Wn.App. 290, 292, 579 P.2d 410 (1978); see also Washington Real Property Deskbook, Vols. 1&2, Ch. 17.3(4) (WSBA 4th ed. updated 2014) (hereinafter "Real Property Deskbook"). It is not one of the statutory types of tenancies established in Washington, but rather is found at common law. Najewitz, 21 Wn.2d at 659; See Real Property Deskbook, Vols. 1&2, Ch. 17.4(2). The leading cases addressing tenancy at will involve an employee living on an employer's premises, where occupancy is conditioned on an at-will employment relationship. See Najewitz, Turner.

Sincerely,

Eric

Eric C. Nelsen
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, January 4, 2022 12:23 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] house provided as condition of employment

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<mailto: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

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Thank you,

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Dimension Law Group, PLLC
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