Legal Question in Family Law in Washington

My rights as homeowner, in WA State. Family Relatives temporarily came to stay with me while looking for place to live, then decided they did not have to move, that they had rights. What are mine?


Asked on 11/26/16, 8:52 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

I know this will not help much, but to be more specific requires more information. With that as my disclaimer, the answer to your question is, "it depends." Is there anything in writing where you tell your family that they can remain in the home as your guests? Have they been led to believe that they can now live with you and have they changed their mailing addresses for bills, etc., and their driver's licenses and voting registration to your home? Have they ever paid you any rent, even if there was no written lease or rental agreement?

These are all factors that help determine what you can do. That said, while one option is to kick your "guests" out of your home, you run the risk of being sued for doing so, if they can show that they in fact have some sort of rental agreement in place with you. As a starting point, if they have no basis to remain in the home, but insist on squatting in the home, your options are all harsh and undoubtedly uncomfortable. Start by giving them formal three days' written notice, that is served by a third party, indicating that they are guests of yours who are now squatters that are unwelcome, and that you are now requiring that they leave. From there, if they still refuse to leave, you will need to file a complaint under RCW 59.16, which is Washington's unlawful detainer statute where there is no landlord-tenant relationship. Otherwise, you would need to proceed under RCW 59.18 if there is a residential landlord-tenant relationship, but that has different notice requirements.

I caution you, in most instances of unlawful detainer, the landlord or person seeking to have someone removed from a property has to do everything exactly right, or more likely than not, the court will refuse to grant you the relief you seek, and you will need to start from scratch. I suggest you hire local counsel, pay the fees required and get it done right the first time.

*This answer is not intended as legal advice but merely general legal information. This answer is not intended to create an attorney-client relationship, and no such relationship has been formed as a result of this communication.

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Answered on 11/28/16, 4:47 pm


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