Spokane7
50°
April 20, 2009 in City
Couple believes ‘tenants’ have moved out
The Bains’ garage has room for two vehicles. It also includes living quarters.
(Full-size photo)
An elderly Spokane Valley couple beleaguered by unwelcome tenants in their backyard garage say the people have apparently moved out.
But Don and Peggy Bain say they’re still being advised by police that they can’t go into the garage, which has been outfitted with living quarters.
“The police said it’s still hers, and I’m not allowed to go in there,” Don Bain said, referring to Susan Pierce, a friend of his stepson’s who’d refused to leave for weeks. “I said, ‘I’m going in. No one’s there.’”
The Bains, both 81, have complained that Pierce and several other people they didn’t know have been living in the garage at their home on North McCabe Road without permission since the first of April. That’s when Peggy Bain’s son, Skippy Ray Davis, was arrested and booked into Geiger Corrections Center for failing to pay fines associated with drug convictions.
Davis had lived there with the Bains’ permission, but when he left, Pierce and several others continued living there. Spokane Valley police refused to evict her, saying she had established residency by showing a piece of mail addressed to her there; that means it would take a court order to toss her out.
Police say they’re acting under the state Landlord-Tenant Act, which is intended to protect people from being thrown out of their homes suddenly and without cause. The law requires periods of notice, a court hearing if necessary and chances for tenants to contest evictions.
Lt. Stephen Jones of the Spokane Valley Police Department said that Pierce had lived in the garage with Davis, and that once a person establishes some kind of proof of residence, the department’s approach is to require an official eviction proceeding, overseen by a judge, rather than making judgments in the field.
The Bains’ attorney, Pete Schweda, said the case is best viewed not as a landlord-tenant dispute, but as a trespassing or burglary. A landlord-tenant relationship never existed – the people moved in without permission, never paid rent or signed a lease, and simply refused to leave. Under the law, a “tenant” is defined as “any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.”
Schweda began formal eviction proceedings against Pierce earlier this month, and a hearing was set for April 29. But Bain said Monday that Pierce has been gone since the middle of last week.
Jones said he suggested to Bain that he allow the eviction to play out before entering the garage. He said that if Pierce were to return and claim Bain had stolen something or damaged property, for example, it could further complicate the situation.
“Let it take its course, let it be completely done,” Jones said he advised Bain. “We want to be real careful and encourage Mr. Bain to let this thing play out. He’s more than halfway there.”
Bain said Pierce has disappeared and returned before, so he’s not certain she’s gone for good.
Bain said he has put a notification on the garage door that he intends to enter, as he would have to do for a renter.
“I told them I’m going to enter, to make that legal,” he said. “I’m the landlord, I guess.”
Contact Shawn Vestal at (509) 459-5431 or shawnv@spokesman.com.
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Charlie on April 20 at 1:54 p.m.
Are the police still giving out “free” legal advice. I'd take it and flush it with the rest of the crap,
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carzlynn on April 20 at 3:10 p.m.
How sad for these people. Guess if you have mail delivered to a mansion on the south hill, or even to the mayors house, guess the law would be different then? Some things need to change in this state. Like there should be paper trail if you let someone live on your property. Otherwise, anyone could move anywhere, and let the system drag it out in court. But please, let it go thru the courts to keep yourself safe. Good luck to you two.
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mysharona on April 20 at 3:33 p.m.
This is the weirdest thing I ever heard. The couple, who OWNS the home, did not invite this woman to live there. Instead, the son (who DOES NOT own the home) invited her to live there. The way I see it … he had no right in the first place to invite someone to live there … so the woman livin' there has no right to be there. Oh wait, I guess thats too simple logic to actually be law.
Change the locks. Make sure she cannot get back in. Stand guard. You pay the taxes on this land, so you should be the one who has rights!!!
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Zintradi on April 20 at 3:55 p.m.
@my sharona… the problem is that they did change the locks and the moronic (in this case at least) instead of telling the squatter to get lost, they ordered Bain to open the garage or go to jail.
I don't care what the police THINK the law says, the officers should have used they brains and ralized the woman was a trespasser and not cuased this elderly couple grief… that is just plain evil on the officers part. What the heck do we even have a government for… we might as well be every man for himself at least that way we can met out our own justice!
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yoandme on April 20 at 8:53 p.m.
So how do we get Lt. Stephen Jones to understand the rights of property owners. Maybe he is just the “spokesman” but the message is sure wrong and it puts more bad light on the officials of Spokane County and Spokane Valley
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Betsy Roberts on April 20 at 9:45 p.m.
I would sue the police…probably not the first time for this either, judging by what I have read so far…
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fbhkymom on April 21 at 6:59 a.m.
I hope this turns out to be good news for the Bains. Maybe some well-intentioned reader of the original article helped convince Pierce to get the hell out and stay out.
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BT on April 21 at 7:15 a.m.
Well this goes to show another act of the babyboomers running this country into the ground again. It's going to take the X-generation to get into higher positions to change the laws back to what they were before the last of them got into political positions. The Bains are my parents age, and they shouldn't have to stress over something like this!!!
I swear, common sense has gone out the window with the laws in Washington State! Hope the Bains are able to get there property back in order, and Ms. Pierce out of there lives forever!
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bdr on April 21 at 5:31 p.m.
just take the doors off Mr Bain nothing is written in landlord tenant law against maintance of your own property!
I have personally taken the doors off over 20 rental homes
where the tenant fails to pay……..!
we can re-install plastic as a door to defeat the courts livable clause
this is industry standard not many states can frown on this
since they themselves use plastic for doors in construction
If the keystone cops tell you to reinstall the door (just tell him you schedule it asap next week)
post a 3 day and 20 day notice with nuisance order
no possiable attorney can defeat this
then sue the cops for all you have lost due to their ignorance of the landlord tenant law.
this should have never got this far period……..
call the state patrol of the county cops fail!!
this is a total failure of process (wow)
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bdr on April 21 at 5:56 p.m.
notice to all tenants who fail to pay!
landlords can take your doors or windows for maintance!
to all scofflaws>>>>>>read the book thats why we left out those specific words in the law when it was concieved…
and good luck finding a rental after your evicted….
those of us who screen never rent to a evict EVER.
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mamagirl on April 22 at 9:04 p.m.
I think the cop that told the squatters they had rights should invite them to move into HIS garage and see how he likes having them live with him. There is no justice.
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TALLT1924 on April 26 at 10:49 a.m.
Like all good things it came to an end!!!!!! The swuatters are back in the shop. Even after givin a eviction notice last week. What can they do next move into city hall???????
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