[WSBARP] [SAIL_WA] Termination of RV Lease

[Carmen Rowe]

Jan, sorry for the belated reply as I was out of the office -

But if someone has not already noted this, there is a very recent case
dealing with a similar scenario. I forwarded it to a real property list I'm
on but I don't think this one. Below is the link (and, FWIW, my commentary
on it at the time). I don't do LL/T work either, but used to, and found it
an interesting case.




May. 14, 2024 - 58054-3 - Steven Pohl, Respondent v. Dennis Mark,
Appellant
https://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=580543MAJ

General situation: person moved onto property with a make-shift trailer,
there was an oral agreement that likely would be a rental agreement if
occupied the residence, but was not as he was residing in his own trailer
on the land.

I know it's a narrow band of cases where someone is on the property but not
in the house, but I've heard of courts stretching the RLTA to people living
on property in their trailers to  protect them. And ensuing difficulty
getting squatters out under judges of a certain bent.

While this was still towards protecting the unwanted occupant, it pretty
clearly sets out law that would work in the owner's favor if they followed
the "at will" procedure versus RLTA.

It also takes it out of the UD process - which as I understand, many courts
are setting out ridiculously far out (again presumably in a
"tenant-advocate" approach). While UD is "quicker" in some circumstances,
perhaps not when you can't even get on the docket, particularly if you have
facts supporting a summary judgment on ejectment.

And good practice tip, as I also know a lot of attorneys who have taken to
using the RLTA in just about anything as the courts seem to. Of course
always prudent to have alternate causes of action, and use every possible
applicable notice. But a reminder in these types of situations. Though with
the conflict of notices, I've seen courts reject the ultimate request for
relief because the alternate notices were "confusing". One I saw work was
using the most generous notice provision and using those time-frames rather
than the shorter one that might be available under an alternate theory,
thus having all time frames line up.




Carmen Rowe



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Email:  Carmen at GryphonLawGroup.com

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On Thu, May 30, 2024 at 11:44 AM Jan Kelly <jan at jankellylaw.com> wrote:

> Good morning,
>
> I hope that some of your landlord-tenant attorneys can provide a bit of
> information for me.  PC owns land in Jefferson County, where they created
> their own lease for a couple to rent a space for their RV. The lease
> expires on 7/1, and can only be extended by mutual agreement. Landlord does
> not want to extend the lease, as tenants aren't paying rent and etc.
>
> How difficult will it be to evict the tenants if they hold over?  Are the
> landlords subject to the same laws for eviction from a residence? They live
> in the RV.
>
> I am hopeful that someone can give me a quick bit of info off the cuff. If
> the tenants hold over, I will look for an attorney who can handle this
> matter. I have no desire to work in the residential L-T field.
>
> Thank you!
>
> --
>
>
> *Jan Kelly, JD/MBA*Attorney at Law
>
> JK Law
> PO Box 1964
> Poulsbo, WA 98370
> Direct Line (702) 338-6733
>
> *Licensed in Nevada and Washington*.
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