Question

We have a listing that we are going to put on the market and I need a little advise. The situation is this. The owner of the property has dementia and her family just moved her into assisted living. She had a care giver that lives in the lower level of the house. She was paid $800 a month with free room and board. This care giver is refusing to leave. The owners son has POA. Is this care giver considered a tenant? Does the son have the authority to put her out of the house. I have all ready told them that they may need an attorney to do an eviction but with the COVID-19 I’m not sure that is possible. The home is located in unincorporated King County. Your thoughts?

Answer

Broker's instincts are absolutely right. This caregiver is likely protected by the Governor's Moratorium on Evictions. That doesn't mean that seller cannot remove the caregiver eventually but it does mean that it will take time to remove the caregiver and seller will almost certainly need legal counsel to remove the caregiver. Broker should advise seller to seek legal counsel and broker should refrain from personally giving seller any advice regarding the caregiver's occupancy rights.

Date of Posting

1/13/2021

Legal Disclaimer

The Legal Hotline Lawyer does not represent Washington REALTORS® or its members. The advice contained herein does not constitute legal counsel. Please consult with your managing broker for best practices.

Association Name

SEATTLE KING COUNTY ASSOCIATION OF REALTORS® INC