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20 day notice

Discussion in 'Rental Agreements & Subleases' started by OasisRain, Jan 24, 2018.

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  1. OasisRain

    OasisRain Law Topic Starter New Member

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    Jurisdiction:
    Washington
    i wasn't sure which category to put this question under..
    if the couple subleasing rooms from us in our rental home is leaving gas on leaking in the kitchen, thus endangering my family, what legal action can i take if this "mistake" continues to happen? how do i protect my family? they left the gas on and they aren't even home.
    they also owe us for utilities and late fees, which they did not agree with my calculations so i just took it to an accountant and they came out oweing more, which they have not paid towards since recieving the detailed bill two days ago. not sure if this is a factor. i plan to get them out asap but am wondering if the danger of leaving gas on overnight is grounds to get them out any faster than the 20 days normally required?
     
  2. army judge

    army judge Super Moderator

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    Carelessness or negligent?



    In order to evict a tenant, a landlord must first terminate the tenancy.

    To terminate a tenancy early, the landlord must have cause, as in a legal reason or legal grounds.

    What might give cause to evict?

    Failing to pay rent in FULL, penalties or fees for paying rent late, paying an amount less than the rent owed, violating the lease or rental agreement, or committing an illegal act are all cause for bringing an action to evict the tenant.

    If a landlord wishes to terminate a tenancy early for one of the aformentioned reasons, the landlord must first give the tenant notice. The type of notice will vary depending on the cause for a particular eviction action.

    Here are the actions available to a landlord:

    Three-Day Notice to Pay Rent or Quit: If the tenant fails to pay rent when it is due, then the landlord can give the tenant a three-day notice to pay rent or quit. This notice must inform the tenant that the tenant has three days to either pay rent or move out of the rental unit. If the tenant does not do this, then the landlord can terminate the tenancy and file an eviction lawsuit at the end of the three days (see Wash. Rev. Code Ann. § 59.12.030(3)).

    Ten-Day Notice to Cure or Quit: If the tenant violates the lease or rental agreement, then the landlord can give the tenant a ten-day notice to cure or quit. This notice must inform the tenant that the tenant has ten days to remedy the violation or move out of the rental unit. If the tenant does not do this, then the landlord can terminate the tenancy and file an eviction lawsuit at the end of the ten days (see Wash. Rev. Code Ann. § 59.12.030(4)).

    Unconditional Quit Notice: If the tenant does serious damage to the rental unit, commits an illegal act on the premises, or causes a nuisance on the premises of the rental unit, then the landlord can give the tenant a three-day unconditional quit notice. This notice must inform the tenant that the tenant has three days to move out of the rental unit, with no opportunity to remedy the bad behavior. If the tenant does not move out of the rental unit by the end of the three days, then the landlord can file an eviction lawsuit against the tenant (see Wash. Rev. Code Ann. § 59.12.030(5)).

    As I read your post, you probably could bring your action to evict on any of the three hereinabove causes.

    I suggest you discuss bringing an eviction action against your tenant with a couple of real estate or
    landlord/tenant lawyers near you. The longer these people stay in your unit, the greater the potential danger to your family. However, due process rarely is accomplished rapidly. It is even slower if you pursue it without the aid of an attorney.

    Hiring a lawyer to legally bring about the removal of your careless, maybe negligent tenants, is the most expedient way to get your Kallikaks gone!!!

    Let us know how this proceeds after you retain an attorney to assist you. In the interim, it might also behoove you and your family to move into a hotel or other temporary quarters until the legal process has ended. Even with a lawyer, you can expect the process to take at a minimum a month, to maybe two months.

    You can also ask the lawyer about helping you pay these bums to leave in some sort of cash for keys deal. The lawyer can explain it for you in detail. It is worth considering, if the potential for harm to your family is as dangerous as reported.
     
  3. OasisRain

    OasisRain Law Topic Starter New Member

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    so it sounds like i would be better off simply giving them a 20 day vacate notice since they are in a momth to month agreement with us.
     
  4. army judge

    army judge Super Moderator

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    Is it a written agreement?

    Here is the statute "verbatim" in your state:

    RCW 59.18.200
    Tenancy from month to month or for rental period—Termination—Armed forces exception—Exclusion of children—Conversion to condominium—Notice.
    (1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other.
    (b) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may terminate a rental agreement with less than twenty days' notice if the tenant receives reassignment or deployment orders that do not allow a twenty-day notice.
    (2)(a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least ninety days before termination of the tenancy to effectuate such change in policy. Such ninety-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the ninety-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.
    (b) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least one hundred twenty days before termination of the tenancy, in compliance with RCW 64.34.440(1), to effectuate such change. The one hundred twenty-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the one hundred twenty-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant.
     
  5. army judge

    army judge Super Moderator

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    After the termination date in Seattle, if the tenant hasn't VOLUNTARILY vacated the landlord must seek an unlawful detainer using the court process as with any other eviction, such as non-payment of rent, etc.

    In other words, notice is simply a request, which the tenant can choose to ignore.


    If you're in Seattle, this is how it must be done:

    http://washingtonlandlordtenant.info/Seattle-Notice-to-Terminate-Tenancy.pdf
     
  6. mightymoose

    mightymoose Moderator

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    Your best option is to begin the eviction process immediately.

    Your fastest option other than that is to forgive their late fees with a promise to not pursue a judgment against them if they move out sooner. Give them a deadline. Try and give them a financial benefit to pack up and get out faster.
    If they are deadbeats and have no money it may not faster. They have nowhere to go and you are stuck with them until you evict. The longer it takes you to start the process the longer it takes to get them out.
     
  7. zddoodah

    zddoodah Well-Known Member

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    Let's put "legal action" aside for a moment (although I should hope it's obvious that you can seek to evict your subtenants under the applicable state law).

    You state that these people are "leaving gas on leaking in the kitchen." What does that mean? If you're home when this is happening, aren't you taking reasonable measures to prevent it?

    I suggest you consult with a local attorney for advice.
     
  8. OasisRain

    OasisRain Law Topic Starter New Member

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    i have a sublease month-to-month renting two rooms to a couple that recently have become too much trouble, so we gave them a 20 day notice to vacate. Today is day 21 and they have ignored the notice and not paid for their use of utilities (though they continue to use everything). Yesterday i even sent them a message -so it is in writing- that they could make further arrangements with us, but if they ignored everything we would take it to the court. My husband did go to the courthouse to get paperwork for eviction today, but i am wondering, since this is my home shared with them can we change the locks and force them out, since we gave them notice? I don't want to hassle with waiting through the eviction process when they do things like damage the property, roughly handle our pets, and make "mistakes" that could threaten not just my life but my 6m.o. sons life and well being. For the safety of my family i would like to remove their belongings or give them instructions for retrieving them and simply change my locks and security alarm codes. Can i do this or is there anything they can do against it, legally?
     
  9. adjusterjack

    adjusterjack Super Moderator

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    No. That's illegal and you'll be the one getting sued for wrongful eviction and that's going to cost you plenty.

    Now you know why you NEVER rent out part of your own house to others.

    Not only can they sue you but they can call the police and the police will tell you to let them back in or you'll be subject to arrest.

    If you really want them out right now, offer them "cash for keys." Get an agreement in writing and don't hand over the cash until they are out the door with all their stuff and hand over the keys.
     
  10. OasisRain

    OasisRain Law Topic Starter New Member

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    if we gave a 20 day notice to people who rent in our home so it was posted on the door can i mail the notice from the same date for official purposes in an eviction, or do i have to start over and give them a 20 day notice from today?

    I posted a 20 day notice to vacate the property on tenants door due to violating lease agreement in multiple sections for a month to month agreement. I have tried fixing the issues beforehand with the tenants, with no success. They are refusing to leave or pay utilities. I picked up the eviction paperwork and going though it. It states I have to mail a copy of the 20 day notice as well which I have not done when posting the 20 day notice to vacate. Do I have to redo my 20 day notice?? Or can i send it now 21 days later?

    I am concerned about the safety of my family for they have turned agressive. I am working full time and am not home most of the day. I don't see any way of getting them out faster legally except for an eviction.

    Thank you for your time,

    -Sherman
     
    Last edited by a moderator: Mar 14, 2018
  11. army judge

    army judge Super Moderator

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    Google "eviction, YOUR COUNTY, WA", read everything carefully.


    SHERMAN & OASIS: your answers have been given.

    You've been directed to additional websites.

    Again, read, no one can do this for you.

    If you can't doit properly, you'll have to HIRE a local attorney.

    You must do each step as instructed.

    For some steps there are a couple options.

    Whichever option chosen MUST be followed precisely.

    The forms can be downloaded directly from the court's website.

    If you have questions about the procedure, the court clerk can assist.

    If its about the law, you're on your own, or you can consult a lawyer.
     
    Last edited: Mar 14, 2018
  12. zddoodah

    zddoodah Well-Known Member

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    Can you do this? Probably, but it wouldn't be legal.

    Then you have zero business being a landlord.

    There are innumerable resource on the internet that discuss the laws relating to service of eviction notices. I suggest you read some of them. Better yet, hire a lawyer who handles landlord tenant matters.

    Then consider seeking a restraining order.

    I find it curious, by the way, that you were given a host of information about this when you first posted here -- nearly two months ago -- but don't seem to have read any of it.
     
  13. OasisRain

    OasisRain Law Topic Starter New Member

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    so since I have a more detailed question you cant help me? the whole point in my using this resource is that i cant afford an attorney.
    and why are you addressing me with someone else? what is this part signed "sherman" attached to mine for??

    all i asked is if we can mail the notice now or have to start over with a new 20 day notice. i am asking here because i keep trying to dig through all of this and how it has to be done legally to hold up in court and cant find a clear answer myself. i shouldn't have to pay an attorney to answer such a small detail.

    if this is how i get treated here though i wont be recommending this site to anyone anymore.

     
  14. mightymoose

    mightymoose Moderator

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    Yes, you can do it, but you open yourself to civil liabilities and cooks be sued for damages.
    This is a matter of civil law- an illegal eviction is not going to get you arrested. It will only cost you money. Chances are that you don't want to have to pay a room of money just to take a shortcut, so you are best of to follow the rules.
    No, you do not have to give notice again IF you did it proudly the first time and IF your state only requires 20 days notice.
     
  15. zddoodah

    zddoodah Well-Known Member

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    Penny wise and pound foolish.

    Here's the thing: If you can't figure out something as basic as how to serve a notice properly, then there are numerous other things that will or may come later in the process that you're not likely to be able to figure out Hiring an attorney to evict a tenant isn't particularly expensive and, while it may hurt to have to pay that expense, that's what you signed up for when you chose to become a landlord. Also, you're far better off getting an attorney involved from the start, as opposed to involving an attorney only after you've screwed something up. All that being said, here's the actual law on service of an eviction notice (i.e., not some third party site's summary of the law).

    I assume "proudly" was supposed to be "properly."
     
  16. OasisRain

    OasisRain Law Topic Starter New Member

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    it is frustrating how many hoops i have to jump through. i wouldn't have chosen to be a Landlord, just the state of things makes it hard to have a place without a roommate. Even with the drama this beats having to live in my car.

    As far getting these people out of my house, i am doing an unconditional quit notice certified mailed and will take the eviction process from there if needbe.

     
  17. OasisRain

    OasisRain Law Topic Starter New Member

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    i am sorry i couldn't find my original thread to keep this all together. I have very specific questions as i am trying to understand the laws and avoid any loophole pitfalls. i am not someone trying to rent my house to make extra money, i am just a young woman trying to stay on my own feet. renting anything in my area, even a tiny apartment, is ridiculously expensive and since entering the lease for the home we have now my husband has taken multiple hits to his income, on top of having an unexpected child. that said i am highly offended that people keep telling me i shouldn't have chosen to be in this situation. what i chose was to keep a roof over my head and find a way, financially, to be able to care for my son. i don't need your criticism because these people turned out to be bad people. I am trying to handle the situation now and doing my research in part by coming here because i know plenty of people know better how to handle these things than i do yet. I'd just really appreciate if people could stop judging me when you dont even know me or the whole story here. Asking for help should not mean i have to have someone telling me im stupid every time. It is plain rude and does not help anything.
     
  18. army judge

    army judge Super Moderator

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    This thread is closed.
    Your questions have been asked and answered.

    I know Sherman and Oasis are posting from the SAME IP address.

    I usually verify IP addresses.

    Feel free to open another thread if you have a new question on a different subject.

    Don't open a new thread on the same subject.
     
  19. army judge

    army judge Super Moderator

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    This thread is closed.
    Your questions have been asked and answered.

    I know Sherman and Oasis are posting from the SAME IP address.

    I usually verify IP addresses.

    Feel free to open another thread if you have a new question on a different subject.

    Don't open a new thread on the same subject.
     

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