[WSBARP] Time to Vacate: Tenancy by Sufferance

[Kaitlyn Jackson]

In the past, for ejectment actions against TAS, we have used the amount of
time for demanding a tenant to vacate under 59.12.030(2) to show that such
amount of time is "reasonable." However, it could be argued that since he
was originally paying rent "weekly" that his "week to week" terms were
reasonable and thus you could give him 7 days' notice to vacate. I would
play it on the safe side and give him 30 days' notice so that if the
"reasonableness" argument came up it would be easy to show that the
landlord was not just "reasonable" but "more than reasonable" for their
demand of possession.

Kaitlyn

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On Tue, Mar 29, 2022 at 1:27 PM Brian Andrews <brian at hawklaw.biz> wrote:

> 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
> 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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-- 

Thank you,



Kaitlyn R. Jackson, Attorney

Dimension Law Group, PLLC

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