Archive for September, 2007
Eviction at Will?
September 25th, 2007 | 
Author: 
Evictions may seem slow and expensive to a landlord who is not receiving rent, but as litigation goes, a typical eviction is cheap and moves at light speed.
Evictions are brought under statutes that provide very specific procedures that must be followed meticulously by the landlord. Under current law only six situations qualify for this expedited process.
A tenancy at will is not one of them. A tenancy at will arises when someone occupies the real property of another with permission but without an obligation to pay rent and terminable at any time by the landowner.
Current case law holds, for example, that an employee who is provided housing as part of the compensation for work and who pays no rent is a tenant at will. Probably also included are situations in which a friend or relative is allowed to live free of rent in a property or mother-in-law apartment.
Such cases cannot be brought under eviction statutes but instead must be brought under a common law ejectment lawsuit, which is a much slower and more expensive process. Thus, rather counter-intuitively, under current law it is more difficult to regain possession of property in a tenancy at will situation than for a garden variety landlord-tenant situation.
The employment case mentioned above was decided in 1978. Since then there have been attempts from time to time to amend the statute. The most recent bill would allow a landowner to give a twenty day notice to anyone who occupies the landowner’s property “without denominated periodic tenancy or denominated rental amount or ownership interest”. The bill excludes agricultural workers.
As always, for advice about your particular circumstances contact an attorney.
Scott Eller
Washington Landlord-Tenant Attorney
TM
Posted in 
Eviction After Foreclosure
An eviction notice is required for most evictions in Washington. However, case law establishes that such a notice is not required to evict someone after foreclosure. Twenty days after foreclosure the successful bidder at the trustee’s sale has an immediate right to possession.
If after twenty days from the trustee’s sale the previous owner is still in possession of the property the new owner must bring an eviction action to exercise the right to possession. However, no eviction notice is necessary. The new owner can start with the summons and complaint and forgo serving an eviction notice.This article is meant to convey general information, not legal advice. For advice about foreclosure, eviction notices, or other real property issues contact an attorney.
Scott Eller
Washington Landlord-Tenant Attorney
TM
Lost in Translation
If a landlord needs a translator for an eviction hearing or trial (or other court appearances) this should be brought to the attention of the landlord attorney as early as possible. Family members may not act as translator. The translator must be a disinterested third party.
Translators can usually be arranged through the court for a fee. Translators for the hearing impaired may be in arranged for free.
Scott Eller
Washington Landlord-Tenant Attorney
TM
