Re: Entering without proper notification

Re: Entering without proper notification by Bryan (Ia) on February 9, 2012 @15:43

Reliance on an AG opinion written almost 40 years ago that is reliant upon statutes that are no longer part of the RCW is no a good idea.

The current section (9A.52) defines ""Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;," there is no mention of residence.

It also defines ""Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.," The use of "otherwise privileged" could be considered broad enough that the lease and other state laws would have to understood to determine if the LL has the rights we are discussing.

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Re: Entering without proper notification by MrDan (Georgia) on February 9, 2012 @17:08	[ Reply ]

(residence) noun- abode, accommodations, address, billet, commorance, commorancy, domicile, domiciliation,domicilium, domus, dwelling, habitancy, habitat, home, housing, inhabitancy, inhabitation, living place, living quarters, lodgings, lodgment, place, place of resiience, quarters, residency, sedes. (dwelling) noun- abode, camp, domicile, domicilium, domus, dormitory, edifice, habitation, homestead, house,living quarters, lodging, lodging place, lodgment, place of residence, quarters, residence, sedes, shelter, tabernacle premises (Buildings), noun- aedificium, bounds, domus, dwellings, edifices, grounds, homes, house with the grounds belonging to it, land, limits, lodgings, piece of land, place, property, quarters, real estate, structures, tract of land (5) "Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain. (privileged) - not subject to usual rules or penalties; "a privileged statement" exempt - (of persons) freed from or not subject to an obligation or liability. Washington Landlord Tenant laws required the landlord to issue a 'two day' notice to enter, the landlord did nor do this, he does not have 'privilege' under the law as he is subject to the obligation to provide such notice per law. The tenant had no reason to expect the landlord to enter the garage as the only reason for landlord to enter was to remove the damage tree. Example, one can enter a store to shop, that is a privilege the store grants its customers. One who enters can not go into the storage room or back offices without permission. If they do, they have trespassed on the premises, that part of the store that was off limit to customers. The customer had to right to enter the store to shop but not to enter the off limit areas. The landlord entered to remove damage tree, but not to go into the garage as he had not permission to do so. Under Washington State Law, the landlord who did so, is presumed by law as to intent to commit the crime of burglary. The landlord had no privilege right to enter the garage. Reliance on an AG opinion written almost 40 years ago) most landlord tenant laws go back hundreds of years. The law is still valid and enforceable.