[WSBARP] eviction of at will tenant

[Kelby Derenick]

I think I read a recent case where the courts are treating RVs as
residences.  If there was a landlord-tenant relationship where the family
member was paying rent for living in the RV then you can use the eviction
statutes and notice procedures for eviction.  If he is not paying rent but
had previous permission to stay on the property you can't use trespass
under RCW 59.12.030(6) as a reason to evict.  In those cases, an ejectment
action is the way to go under RCW 7.28.

Kelby J. Derenick
Attorney

CONFIDENTIALITY NOTICE:  This electronic mail message contains information
that (a) is or may be legally privileged, confidential, proprietary in
nature, or otherwise protected by law from disclosure, and (b) is intended
only for the use of the Addressee(s) named herein. If you are not the
intended recipient, an addressee, or the person responsible for delivering
this to an addressee, you are hereby notified that reading, using, copying,
or distributing any part of this message is strictly prohibited. If you
have received this electronic mail message in error, please contact me
immediately and take the steps necessary to delete the message completely
from your computer system.  Thank you.



On Fri, Aug 18, 2023 at 10:27 AM Britt, Christopher <
christopher at lucentlaw.com> wrote:

> This one seems a bit wilder than I'm used to.  What about a trespass
> action?  It's a 5th wheel.  You aren't removing him from his home, you are
> removing his stuff from your property?
>
> Christopher G. Britt, M.A., J.D.
>
> Attorney at Law
>
> 1403 S. Grand Blvd., Suite 201-S
>
> Spokane, WA 99203-2278
>
>
> P: 509.455.3713
> D: 509.316.2131
> F: +1.509.455.3718 (must dial 1 before area code)
>
> E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*
>
> Web: www.lucentlaw.com
>
>
> On Fri, Aug 18, 2023 at 9:56 AM Dewey Weddle <DWWeddle at msn.com> wrote:
>
>> Oh Wise Ones,
>>
>> I have a client who needs to get someone (a family member) off her
>> property.  He is living in a fifth-wheel owned by my client on her property
>> and he will not leave.  It is my understanding, and I could very well be
>> mistaken, that a "tenancy at will" is now known as a "tenancy for an
>> indefinite period."  Regardless of the nomenclature, I am puzzled as to how
>> to proceed.  Eviction or ejectment or what?  If any of you have any sage
>> advice and forms you would be willing to share, I would forever be indebted
>> to you.
>>
>> Hope everyone is doing OK and is having a pleasant summer.  Don't
>> complain about the warmth.  In about two months you will be singing a
>> different tune.
>>
>> As always, kind regards,
>>
>>
>> *Dewey ​​*
>>
>>
>> Law Office of Dewey W. Weddle, PLLC
>>
>> 909 7th Street
>>
>> Anacortes, WA 98221
>>
>>
>> Telephone: 360-293-3600
>>
>> Fax 360-293-3700
>>
>>
>>
>>
>>
>> ***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
>>
> ***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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230818/2ff8f588/attachment.html>