Guests won't leave

[skykomike]

Jurisdiction

Washington

I've allowed an old friend and her boyfriend to stay on my property in a little(120 s.f.) cabin/shed for two months. They were to have been looking for work and finding a place of their own. Their move out date is tomorrow (6/30/16). They don't seem to be making much progress in moving. The cabin is a disaster area with junk and garbage strewn about. I have gone the extra mile to do what I can to help their "cause", but I want my place back to myself. How do I make them leave?

 

[adjusterjack]

How do I make them leave?

Sorry to have to tell you this but you are probably going to have to evict them through the courts because they are tenants.

The Washington landlord tenant statute Section RCW 59.18.030 Definitions:

(24) A "tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.

(22) "Rental agreement" means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.

Note that there is nothing in the definition of "Rental agreement" that requires the payment of rent for an occupant to be a "tenant."

Section RCW 59.18.290 gives you the requirements for removing a holdover tenant after the termination date:

Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date.
(1) It shall be unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorney's fees.
(2) It shall be unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order so authorizing. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorney's fees.

The entire landlord tenant statute is at:

Chapter 59.18 RCW: RESIDENTIAL LANDLORD-TENANT ACT

If they are still there after tomorrow you will have to evict through the courts.

 

[skykomike]

Sorry to have to tell you this but you are probably going to have to evict them through the courts because they are tenants.

The Washington landlord tenant statute Section RCW 59.18.030 Definitions:

(24) A "tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.

(22) "Rental agreement" means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.

Note that there is nothing in the definition of "Rental agreement" that requires the payment of rent for an occupant to be a "tenant."

Section RCW 59.18.290 gives you the requirements for removing a holdover tenant after the termination date:

Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date.
(1) It shall be unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorney's fees.
(2) It shall be unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order so authorizing. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorney's fees.

The entire landlord tenant statute is at:

Chapter 59.18 RCW: RESIDENTIAL LANDLORD-TENANT ACT

If they are still there after tomorrow you will have to evict through the courts.

So, I understand there is an action called "unlawful detainer"according to one attorney. Do you know about this? Another tells me they are NOT tenants and it should be a simple 10-day vacate situation.
Also, they are not here this morning and did not stay here last night. There are, however, many of their belongings still here and the place is a disaster area. Do I have the right to enter the abode and remove their belongings or to clean up their trash from my yard? i.e. containers and buckets, flower pots, dollar store sun lights, and miscellaneous junk items.
How do I initiate the legal remedy for keeping them out?
Oh...and they have removed my padlock from the door. I'm not sure why or where it is.

 

[army judge]

You could heed the lawyer's advice.
You shouldn't touch their junk, until a judge has ordered them gone.
The process takes time.
If you make one mistake, you start over.
If you take the law into your hands, you allow the deadbeats to sue you, eventually getting more of your money.

There are no shortcuts.

 

[adjusterjack]

How do I initiate the legal remedy for keeping them out?

Sorry, but you are going to have to hire a lawyer, not just talk to them on the phone. It'll cost you to get this resolved properly, but it'll cost you 10 times as much if you get it wrong.