eviction
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eviction (by tanya [WA]) Mar 15, 2010 3:01 PM
       eviction (by John... [MI]) Mar 15, 2010 6:03 PM
       eviction (by tanya [WA]) Mar 15, 2010 6:59 PM
       eviction (by Chris [CA]) Mar 16, 2010 12:44 AM
       eviction (by tanya [WA]) Mar 16, 2010 7:02 AM
       eviction (by billy [MA]) Mar 16, 2010 7:40 AM
       eviction (by tanya [WA]) Mar 16, 2010 7:58 AM
       eviction (by RR [WA]) Mar 16, 2010 9:58 PM
       eviction (by tanya [WA]) Mar 17, 2010 7:24 AM


eviction (by tanya [WA]) Posted on: Mar 15, 2010 3:01 PM
Message:

State Specific Question About: WASHINGTON (WA)

we had a month to month with a tenant, we gave them a 23 day written notice we would not be continuing to rent, he then told us we could pick up the keys february 28th before 5pm, on the 27th he left a message stating he would not be moving we did not give him enough time, we have filed a summons and complaint their response to it was that they would only pay march rent if we dropped the whole thing and let them stay there, they also said we had verbally agreed to give them 2 mos notice however this is untrue, my question is this, how likely is it for the court to allow them to continue staying in our home? --96.25.xxx.xx




eviction (by John... [MI]) Posted on: Mar 15, 2010 6:03 PM
Message:

First, is a "23 day written notice" something specific to WA? Otherwise, that just seems really odd to me.

What does your lease/agreement say about giving notice to terminate? I've never seen a MTM that allows less than a month's notice (usually this is more to protect yourself, not the tenant). Do you allow that short of notice?

If you do -- and your state does -- then it appears that you gave proper notice, right? Therefore, he can't argue that you didn't give him enough time if that is what your agreement states. In which case, you should file for eviction immediately, of course.

But if your agreement does not specify, then I'd check state laws -- because it could default to at least one period (i.e. 30 days) notice required. In which case, your tenant is right and you didn't give him enough notice.

Why are you getting rid of them? (Just curious.)

Also -- it is half-way through March now -- did they pay for March on the 1st or not??

- John...

--207.241.xxx.xxx




eviction (by tanya [WA]) Posted on: Mar 15, 2010 6:59 PM
Message:

Hi John, in wa we are only required to give 20 days notice that's why I specified 23 because technically we gave 3 days more than was required, there are a variety of reasons we want them out, we've been renting since Sept and they've been late with the rent every month minus Sept also they moved 3 additional people in without asking or informing us, it was only by accident we found out, next they lied on the application stating they were married then later saying they only told us that because they thought it would be easier to get the place, in Dec they asked us to lie to theI local welfare office and say that she rented downstairs and he rented upstairs when we said we wouldn't they became very verbally abusive we also stipulated no smoking and found they smoke, also in Dec and in Jan the wsg was shutoff for non payment which was eventually paid and turned back on but if they hadn't paid it we as the homeowners are responsible its currently up for shutoff again, it just goes on and on we never increased the rent when they moved the people in and we couldve started the eviction then but didn't because it was mid winter I'm 99% sure we did everything properly I'm just worried and no they haven't paid Marchs rent they said they would only pay if we dropped the eviction --68.171.xxx.xx




eviction (by Chris [CA]) Posted on: Mar 16, 2010 12:44 AM
Message:

Oh, let's see who blinks first! Have a process server serve them a 3 Days' Pay or Quit notice.

You labeled that a 23 days notice?

Caving in would only lead to future clashes with these people. the point of no return has been passed - you to to take off now, or crash your plane.

--125.25.xx.xx




eviction (by tanya [WA]) Posted on: Mar 16, 2010 7:02 AM
Message:

We gave them a typical 20 day notice that we would not be continuing to rent and that they would need to vacate by 2-28-2010 in wa 20 days notice is required but we gave the notice to them 23 days ahead of time that's why I labeled it a 23 day notice to vacate vs a 20 day we considered doing a 3 day pay or quit but all the info we've found says its a one or the other the thing is is that they said they will pay for march but only if we continue to rent to them and we just wants them out so off to court we go, today at 130 thanks for the help:) --206.53.xxx.xxx




eviction (by billy [MA]) Posted on: Mar 16, 2010 7:40 AM
Message:

i would see an atty bcs they are going to fight but mtm should ber pretty easy.try not to give any reason bcs they will dispute it.mayber u just need it for a family member? --208.58.x.xx




eviction (by tanya [WA]) Posted on: Mar 16, 2010 7:58 AM
Message:

Thanks! We have decided with all the trouble we've had that we aren't going to rent it again we're just going to keep two places, thanks again:) --206.53.xxx.xxx




eviction (by RR [WA]) Posted on: Mar 16, 2010 9:58 PM
Message:

well, how did court go? Which county are you in?

From what I've seen, the courts are very fair. 20 day notice served, tenant didn't move, landlord always wins. It takes about 2 weeks after court to actually have them physically put out of the unit.

--97.126.x.xx




eviction (by tanya [WA]) Posted on: Mar 17, 2010 7:24 AM
Message:

Court went great, the only thing I'm a little confused about is yesterday was the half of the month that doesn't sound right but you know what I mean haha well the judge granted our writ of restitution with all late fees filing costs etc... But she only gave us a half months rent when he will actually be there for another 6-7 days but again he's going to be out and we have been awarded the majority of our costs so I'm happy I doubt we'll ever see a penny but he's going to be gone YAYYY the sheriff dept said the will post the notice today and let us know for sure if its mon or tue of next week when they will physically remove him, I'm a little concerned about the removal of property if he doesn't move his stuff and the sheriff has to do it its like $100 an hour we're in yakima county thanks so much everyone for all of your replies, comments, advice its really appreciated --68.171.xxx.xxx





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