[WSBARP] Time to Vacate: Tenancy by Sufferance

[Brian Andrews]

Good morning, colleagues:

How much time should a LL give a tenant by sufferance? 59.04.050 says that T's right to possession shall terminate immediately upon the demand of owner to surrender possession.

I have a guy living in an RV at a RV Park. It is NOT a mobile home park and 59.20 doesn't apply. This is supported by a letter opinion from the AG. Nor does 59.18 because tenant rents the space only, and owns the actual RV in which he dwells. It's a long and complicated story. Rent is collected weekly and T hasn't paid for a long time. He offered back rent via a T-RAP but LL refused because didn't want him there. He has overstayed his welcome, breaks rules and behaves aggressively. I think the remedy is to provide him notice of termination of tenancy by sufferance. I just don't know how much time to give him to get out of dodge.

Here is the statute:

CW 59.04.050
Whenever any person obtains possession of premises without the consent of the owner or other person having the right to give said possession, he or she shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for the actual time he or she occupied the premises, and shall forthwith on demand surrender his or her said possession to the owner or person who had the right of possession before said entry, and all his or her right to possession of said premises shall terminate immediately upon said demand.


Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<http://www.hawklaw.biz/>.

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