[WSBARP] Beneficiary of Estate Committing Waste on Real Property - anyone use RCW 64.12.020?

[Kaitlyn Jackson]

Hey all -

I'm going to be doing an action for ejectment because one of the
beneficiaries of the estate won't leave the real property despite demand
from the PR so that the PR can sell the Property (we are all seeing this
issue more and more, aren't we?!). The occupant is committing all sorts of
code violations and the property has been subjected to (and is still being
subjected to) fines for the activity on the Property (is there such a thing
as exterior hoarding)? The property is a complete mess and the occupant
won't grant access. So I'm doing a formal demand for possession and will
eject - but I'm also looking at waste claims.

Anyways, I ran across RCW 64.12.020 and was curious if anyone has
successfully used it in these types of situations?

RCW 64.12.020 <http://app.leg.wa.gov/RCW/default.aspx?cite=64.12.020> Waste
by guardian or tenant, action for.

If a guardian, tenant in severalty or in common, for life or for years, or
by sufferance, or at will, or a subtenant, of real property commit waste
thereon, any person injured thereby may maintain an action at law for
damages therefor against such guardian or tenant or subtenant; in which
action, if the plaintiff prevails, there shall be judgment for treble
damages, or for fifty dollars, whichever is greater, and the court, in
addition may decree forfeiture of the estate of the party committing or
permitting the waste, and of eviction from the property. The judgment, in
any event, shall include as part of the costs of the prevailing party, a
reasonable attorney's fee to be fixed by the court. But judgment of
forfeiture and eviction shall only be given in favor of the person entitled
to the reversion against the tenant in possession, when the injury to the
estate in reversion is determined in the action to be equal to the value of
the tenant's estate or unexpired term, or to have been done or suffered in
malice.

-- 

Thank you,


Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

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

*Email:* kaitlyn at dimensionlaw.com

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

631 Strander Blvd, Bldg A, Suite G, Tukwila, WA 98188



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