Be Prepared for the New Squatter Law

Raymond Mutchler | Countywide Evictions, LLC | Vendor Member

Last month RHAWA celebrated the passage of a law making it easier for landlords to remove squatters (SB 5388; Chapter 284, Laws of 2017). This new law will allow law enforcement to remove trespassers on real property without a court order. The process involves an owner’s or agent’s sworn statement that is defined within the law and an investigation of a law enforcement officer. There are things that landlords can do now to prepare to make use of this new law after it goes into effect on July 23, 2017.

This new law authorizes law enforcement to remove the trespasser, but does not require such action. An officer will have discretion to decline to remove the trespassers after making an investigation. Therefore it is important to be prepared to confront potential claims of squatters.

Review and comply with the current requirements from local law enforcement regarding trespass notices. Many jurisdictions want certain no trespassing signage posted at the property and an authorization form on file with the local precinct. Following this guidance will encourage law enforcement to act on the owner’s request to remove a trespasser. Furthermore, a requirement of the new law is that “the premises were not open to members of the public at the time the unauthorized person or persons entered.” No trespassing signage will help in this regard.

Be prepared with information required for the sworn statement for each unoccupied property. For example, the form requires a sworn statement that the trespasser(s) “are not a tenant or tenants and have not been a tenant or tenants, or a homeowner or homeowners who have been on title, within the last twelve months on the property.” Therefore, it is advisable to maintain a comprehensive list of such persons for the property for the past year. The form and the law require that the premises were not abandoned. Therefore, it is advisable to maintain records of inspection and maintenance of any unoccupied property to demonstrate it wasn’t abandoned.

Finally, be aware that applying this new law involves some risk. It requires the landlord to “indemnify and hold harmless law enforcement for its actions or missions made in good faith pursuant to the declaration.” It may be prudent to discuss coverage options for this risk with an insurer. Also, the misuse of this new law can carry stiff penalties. A false declaration in the form may subject the declarant to a gross misdemeanor — up to a year in jail and a $5,000 fine. In addition, persons removed from the premises under a false declaration may recover damages, attorney’s fees, and court costs from the declarant. Seek the advice of a competent attorney as the need arises. This article is not a substitute for legal advice.

Raymond Mutchler is an attorney with Countywide Evictions, LLC providing legal services for landlords and is located in Everett, Washington. Visit their website at www.countywideevictions.com or call (425) 252–3110.

For more information about RHAWA please visit: RHAWA.org