Unlawful Eviction And Mold

Summary

In Washington, landlords cannot terminate a fixed-term lease early without cause, as per RCW 59.18.220. A 20-day notice is typically for month-to-month tenancies. Retaliatory evictions due to late rent are prohibited under RCW 59.18.240. If black mold is present, landlords must disclose it and maintain habitable conditions (RCW 59.18.060, RCW 59.18.085). Document all communications and consider legal aid or mediation services. If harassment occurs, document incidents and consider filing for a restraining order. Contact local health departments or tenant unions for mold testing and support.

Full Conversation

I live in Washington. I’m currently dealing with a landlord that gave me and my fiancé a * dau vacate even though we are on a full 12 month lease not a month-to-month lease which I have understood that 20 day vacate is not the legal route that my landlord should’ve taken she never gave us the opportunity to pay the rest of the rent because we given her half the rent and it is now coming up on the 20 days we have not been able to find a place yet I want to be able to write a formal letter stating that I want to try and handle this out of court as much as possible by letting her keep the deposit that we worked and paid for for the remaining of this months rent that I did not give to her due to her, giving us the notice if she had not given us the notice we had planned on giving her the rest of the rent plus a late fee, but she gave us the notice. I also want to include the letter that I want one more month in the house due to not having enough time finding a place to live for the last months rent that we have worked for and paid for could you please help me draft this?
Sure, ****. Here’s a draft for your letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Name]
[Landlord’s Address]
[City, State, ZIP Code]
Dear [Landlord’s Name],
Subject: Request for Resolution Outside of Court – Lease Agreement for [Property Address]
I hope this letter finds you well. I am writing to address the recent *-day notice to vacate that was issued on [Date of Notice]. As you are aware, my fiancé and I are currently on a *-month lease agreement for the property located at [Property Address], and not a month-to-month lease.
Unfortunately, this notice has caused significant distress, as we have not been able to secure alternative housing within the *-day period. We had intended to pay the remaining rent for this month, along with any applicable late fees, but the short notice has complicated matters.
To resolve this matter amicably and avoid court proceedings, I propose the following:
- We agree to forfeit the security deposit in lieu of the unpaid rent for this month.
- We request an additional30 days in the property to allow us adequate time to secure new housing.
I believe this solution is fair and will prevent further complications for both parties. I kindly request a prompt response to this proposal.
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
---
Feel free to adjust any details as needed. Do you have any other questions or need further assistance?
Are there any RCW‘s on for example? The notice that she did give us we had 20 days without trying to resolve the matter as far as letting us pay the rest of it and are there any RCW‘s that could benefit me in writing in my letter to her to kind of make her aware that we are not to be taken advantage of she has done this to previous tenants in the past and use a scare tactic, so I want my letter to Sound as formal and knowledgeable on the laws possible
Sure, ****. Here are some relevant RCWs (Revised Code of Washington) you might want to include in your letter:
- RCW *.*.*: It states that a landlord must give a *-day notice to terminate a month-to-month tenancy.
- RCW *.*.*: For tenants on a fixed-term lease, landlords generally cannot terminate the lease early without cause.
- RCW *.*.*: This section details the rights of tenants if a landlord is wrongfully trying to evict them.
Would you like help incorporating these references into your letter?
Yes please and then I don’t know why we would put the 30 day notice to terminate because we’re not on a month-to-month. We have a full year lease with her so that’s why I was saying I don’t think that her 20 day notice was even legal to give to us because we’re not on a month-to-month and I’ve been told you only give a 20 day notice if you are on a month-to-month
Sure, ****. Here’s an updated draft for your letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Name]
[Landlord’s Address]
[City, State, ZIP Code]
Dear [Landlord’s Name],
Subject: Request for Resolution Outside of Court – Lease Agreement for [Property Address]
I hope this letter finds you well. I am writing to address the recent *-day notice to vacate that was issued on [Date of Notice]. As you are aware, my fiancé and I are currently on a *-month lease agreement for the property located at [Property Address], and not a month-to-month lease.
According to RCW *.*.*, for tenants on a fixed-term lease, landlords generally cannot terminate the lease early without cause. Furthermore, RCW *.*.* details the rights of tenants if a landlord is wrongfully trying to evict them. Your *-day notice does not align with these regulations.
Unfortunately, this notice has caused significant distress, as we have not been able to secure alternative housing within the *-dayperiod. We had intended to pay the remaining rent for this month, along with any applicable late fees, but the short notice has complicated matters.
To resolve this matter amicably and avoid court proceedings, I propose the following:
- We agree to forfeit the security deposit in lieu of the unpaid rent for this month.
- We request an additional 30 days in the property to allow us adequate time to secure new housing.
I believe this solution is fair and will prevent further complications for both parties. I kindly request a prompt response to this proposal.
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
---
Feel free to adjust any details as needed. Do you have any other questions or need further assistance?
Also she tried saying that there was cause because one we didn’t finish part of the work that was agreed to for paying our deposits when moving in, but she didn’t provide the materials and we did finish the work. The only thing that wasn’t finished was a closet. Everything else was finished and she told us multiple times that we did a great job. I also did cleaning for the Deposit on the house and she had told me several times that it was cleaned and that the house looked amazing, but due to her, trying to kick us out and scare us because we were late on our rent she did an inspection and used those two reasons why saying that she had caused for kicking us out? Is this even legal and how do I present this to in my letter?
Hi ****,
Based on your situation, you can address these points in your letter to strengthen your case:
*. Mention that the landlord did not provide materials for the unfinished work.
*. Highlight that the cleaning was acknowledged as satisfactory multiple times.
*. State that the eviction seems retaliatory due to the late rent.
Here's an updated draft:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Name]
[Landlord’s Address]
[City, State, ZIP Code]
Dear [Landlord’s Name],
Subject: Request for Resolution Outside of Court – Lease Agreement for [Property Address]
I hope this letter finds you well. I am writing to address the recent *-day notice to vacate that was issued on [Date of Notice]. As you are aware, my fiancé and I are currently on a *-month lease agreement for the property located at [Property Address], and not a month-to-month lease.
According to RCW *.*.*, for tenants on a fixed-term lease, landlords generally cannot terminate the lease early without cause. Furthermore, RCW *..*.* details the rights of tenants if a landlord is wrongfully trying to evict them. Your *-day notice does not align with these regulations.
Additionally, the work that was agreed upon was completed, except for a closet due to lack of provided materials. You have acknowledged multiple times that the property was cleaned to your satisfaction, which contradicts the reasons stated for the notice. It appears that this eviction notice is retaliatory due to the late rent payment, which is not a lawful basis for termination under RCW *.*.*.
Unfortunately, this notice has caused significant distress, as we have not been able to secure alternative housing within the *-day period. We had intended to pay the remaining rent for this month, along with any applicable late fees, but the short notice has complicated matters.
To resolve this matter amicably and avoid court proceedings, I propose the following:
- We agree to forfeit the security deposit in lieu of the unpaid rent for this month.
- We request an additional 30 days in the property to allow us adequate time to secure new housing.
I believe this solution is fair and will prevent further complications for both parties. I kindly request a prompt response to this proposal.
Thank you for your understanding and cooperation.
S
Yes it just needs to say, though that we need the 30 days additional and that she will not receive any money and instead that will be the last month’s rent paid . And then also if she does not agree with this, she needs to give us the deposit money back and last month‘s rent and she did not do a walk-through with us so I would like that RCW in the letter as well stating that since she did not do a walk-through, she has to get the deposit back and that she would have to give us the money for the last months rent as well if she does not agree to the letter can you please add that as well?
Sure, ****. Here's an updated draft for your letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Name]
[Landlord’s Address]
[City, State, ZIP Code]
Dear [Landlord’s Name],
Subject: Request for Resolution Outside of Court – Lease Agreement for [Property Address]
I hope this letter finds you well. I am writing to address the recent *-day notice to vacate that was issued on [Date of Notice]. As you are aware, my fiancé and I are currently on a *-month lease agreement for the property located at [Property Address], and not a month-to-month lease.
According to RCW *.*.*, for tenants on a fixed-term lease, landlords generally cannot terminate the lease early without cause. Furthermore, RCW *.*.* details the rights of tenants if a landlord is wrongfully trying to evict them. Your *-day notice does not align with these regulations.
Additionally, the work that was agreed upon was completed, except for a closet due to lack of provided materials. You have acknowledgedmultiple times that the property was cleaned to your satisfaction, which contradicts the reasons stated for the notice. It appears that this eviction notice is retaliatory due to the late rent payment, which is not a lawful basis for termination under RCW *.*.*.
Furthermore, as per RCW *.*.*, since you did not conduct a walk-through inspection, we are entitled to the return of the security deposit.
Unfortunately, this notice has caused significant distress, as we have not been able to secure alternative housing within the *-day period. We had intended to pay the remaining rent for this month, along with any applicable late fees, but the short notice has complicated matters.
To resolve this matter amicably and avoid court proceedings, I propose the following:
- We request an additional 30 days in the property to allow us adequate time to secure new housing.
- The forfeited security deposit will cover the last month’s rent. No further payment will be made.
- If this proposal is not agreeable, we request the return of our security deposit and last month’s rent.
I believe this solution is fair and will prevent further complications for both parties. I kindly request a prompt response to this proposal.
Thank you for your understanding and cooperation.
OK so is what I am asking a fair solution in your opinion and also if she does not agree to this letter and tries to kick us out because 20 days will be coming up in two days. What all can we do to protect ourselves in staying in the home until we are able to find a place to live so that we are not homeless
Your proposal seems fair given the circumstances. Here are some steps you can take if your landlord doesn't agree:
*. Consult an Attorney: Seek legal advice to understand your rights and options.
*. File a Complaint: You can file a complaint with the Washington State Attorney General's Office or local housing authority.
*. Court Order: You might be able to obtain a court order to stay in the property temporarily.
These steps can help you stay legally protected while seeking alternative housing.
OK can you explain more about the court order?
A court order, in this context, would be an injunction or temporary restraining order (TRO) that prevents the landlord from evicting you until the court can hear your case.
- Injunction/TRO: You can request this from the court to halt the eviction process.
- Filing: Typically, you'd file a motion with the court, explaining the urgency and why the eviction is unjust.
- Hearing: The court will schedule a hearing to review your request and decide whether to grant the order.
Have you already contacted a local attorney to discuss this option?
no I haven’t. I am afraid that I won’t be able to afford it and then I tried the Northwest justice program and they told me because she hasn’t actually filed for the eviction process and I haven’t received a summon that they cannot help me.
****, I understand your concern about affordability. Here are some additional steps you can take:
- Document Everything: Keep all communication and records of payments and agreements.
- Mediation Services: Look for free or low-cost mediation services in your area.
- Legal Aid: Continue searching for legal aid organizations that might help you pro bono.
Would you like more information on local mediation services?
no but I do want some more information on what she is legally allowed to do at this point and even if she is legally allowed to do anything because she didn’t give us the proper notice and we are on a 12 month lease
Under Washington law, your landlord may not have the right to evict you with a *-day notice if you are on a *-month lease. Here are key points:
- RCW *.*.*: Landlords cannot terminate a fixed-term lease early without cause.
- RCW *.*.*: Protects tenants from wrongful eviction.
- RCW *.*.*: Eviction cannot be retaliatory, such as due to late payment.
Would you like further help with any specific aspect of this matter?
W about how she can’t evict us due to late rent payment because she is in full agreement that she is completely in the right for doing so and this is exactly what she’s doing. She’s just punishing us for being late on our rent
****, here's the legal information regarding eviction due to late rent payment:
- RCW *.*.*: Generally, landlords must provide a *-day notice to pay rent or vacate.
- RCW *.*.*: Retaliatory evictions, such as those due to late rent payment, are prohibited.
Would you like assistance in drafting a response to your landlord to address these points?
Yes please and could you also add this to the letter that we were just previously writing to her
Sure, ****. Here’s the updated draft incorporating the points about eviction due to late rent payment:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Name]
[Landlord’s Address]
[City, State, ZIP Code]
Dear [Landlord’s Name],
Subject: Request for Resolution Outside of Court – Lease Agreement for [Property Address]
I hope this letter finds you well. I am writing to address the recent *-day notice to vacate that was issued on [Date of Notice]. As you are aware, my fiancé and I are currently on a *-month lease agreement for the property located at [Property Address], and not a month-to-month lease.
According to RCW *.*.*, for tenants on a fixed-term lease, landlords generally cannot terminate the lease early without cause. Furthermore, RCW *.*.* details the rights of tenants if a landlord is wrongfully trying to evict them. Your *-day notice does not align with these regulations.
Additionally, the work that was agreed upon was completed, except for a closet due tolack of provided materials. You have acknowledged multiple times that the property was cleaned to your satisfaction, which contradicts the reasons stated for the notice. It appears that this eviction notice is retaliatory due to the late rent payment, which is not a lawful basis for termination under RCW *.*.*.
Furthermore, as per RCW *.*.* and RCW *.*.*, landlords must provide a *-day notice to pay rent or vacate, and retaliatory evictions are prohibited. Since you did not conduct a walk-through inspection, we are also entitled to the return of the security deposit as per RCW *.*.*.
Unfortunately, this notice has caused significant distress, as we have not been able to secure alternative housing within the *-day period. We had intended to pay the remaining rent for this month, along with any applicable late fees, but the short notice has complicated matters.
To resolve this matter amicably and avoid court proceedings, I propose the following:
- We request an additional 30 days in the property to allow us adequate time to secure new housing.
- The forfeited security deposit will cover the last month’s rent. No further payment will be made.
- If this proposal is
I have also spoken with previous tenants and she has done the exact same thing to them and also she did not make us aware that the house has major black mold issues. I currently had test taken and I’ve sent them in. I’m just waiting for results. How do I go about this so that I can Regain all the money that we have paid for rent and all of the money we worked for for the first last deposit if the test do come back for positive black mold.
****, if the test results confirm black mold, you have a strong case. Here are steps to take:
*. Obtain Test Results: Ensure you have official documentation of the mold presence.
*. Document Health Issues: Keep records of any health problems caused by mold.
*. Send a Formal Notice: Notify the landlord in writing about the mold issue, referencing the test results.
Would you like assistance drafting a notice to your landlord regarding the mold issue?
Yes please, and in the letter it clearly needs to state that she was fully aware of this problem before we moved in and did not tell us and I need whatever RCW’s that would include that that was not lawful of her to do so, and I need the letter to state what the solutions need to be in re-compensating us for all of this distress that has caused us.
Sure, ****! Here’s a draft for your letter addressing the black mold issue:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Landlord’s Name]
[Landlord’s Address]
[City, State, ZIP Code]
Dear [Landlord’s Name],
Subject: Formal Notice Regarding Black Mold Issue – Lease Agreement for [Property Address]
I hope this letter finds you well. I am writing to inform you about a serious issue regarding the property located at [Property Address].
Recently, we conducted tests and found significant black mold in the property. We have documented evidence of this mold, which poses severe health risks. According to RCW *.*.*, landlords are required to maintain the premises in a habitable condition, which includes addressing and rectifying any issues related to mold.
Furthermore, as per RCW *.*.*, landlords must disclose any known mold issues at the time of lease signing. Unfortunately, you failed to inform us about this problem before we moved in, despite being fully aware of it.
The presence of black mold has caused considerable distress and potential health issuesfor my fiancé and me. Therefore, to resolve this matter, I propose the following solutions:
- A full reimbursement of all rent paid during our tenancy due to the uninhabitable conditions caused by the black mold.
- A return of our security deposit and last month’s rent.
- Compensation for the time and labor invested in cleaning and maintaining the property, which was significantly impacted by the mold issue.
I kindly request a prompt response to this proposal. Failure to address this matter will leave us no choice but to pursue further legal action to protect our rights and health.
Thank you for your understanding and cooperation.
Sincerely,
[Your Name]
---
Feel free to adjust any details as needed. Would you like further assistance with anything else?
Yes do you have any suggestions on what other stuff I can take to make sure that this mold has been properly tested and are there any agencies around here that would do it for free for us considering our situation situation?
****, here are some suggestions for ensuring the mold is properly tested and finding free testing services:
- Hire a Professional Inspector: Ensure the inspector is certified in mold testing.
- Local Health Department: Contact your local health department; they may offer free or low-cost testing.
- Non-Profit Organizations: Look for local non-profits focused on housing or tenant rights, which might provide assistance.
Would you like more details on any of these options?
Yes please
Local Health Department
- Contact: Reach out to your local health department in Washington. They may provide free or low-cost mold testing services.
- Website: Visit the Washington State Department of Health website for more information: [Washington State Department of Health](https://www.doh.wa.gov/).
Non-Profit Organizations
- Washington Tenants Union: They offer support and resources for tenants, including potential assistance with mold issues.
- Website: [Tenants Union of Washington State](https://tenantsunion.org/).
Would you like more information on how to contact these organizations, or do you have any other questions?
Yes please
Here are the contact details for the organizations that might assist you:
~ Washington State Department of Health
- Website: [Washington State Department of Health](https://www.doh.wa.gov/)
~ Tenants Union of Washington State
- Website: [Tenants Union of Washington State](https://tenantsunion.org/)
Would you like any further assistance with contacting these organizations or any other questions about your situation?
Yes just if you have any other suggestions that you can make to help with our situation and also help with making sure that we are fully protected with this landlord since she just takes advantage of people like us. I am very scared and worried about what’s going to happen this weekend when she thinks that she’s in her full right to tell us to leave our home while we don’t have another place to go
****, here are some additional suggestions to protect yourself:
*. Stay Calm and Document Everything: Keep a detailed record of all communications, payments, and agreements with your landlord.

*. Reach Out to Legal Aid: Keep trying different legal aid organizations. Sometimes persistence pays off.
*. Mediation Services: Utilize mediation services to negotiate with your landlord. This can sometimes resolve issues without going to court.
*. Know Your Rights: Familiarize yourself with tenant rights under the Washington State Residential Landlord-Tenant Act (RCW *.*).
*. Prepare for Possible Court Action: If necessary, be prepared to file a complaint in small claims court for any financial losses due to unlawful eviction or mold issues.
Would you like more information on any specific point, or do you have another question?
OK and does she have the right to come into the house and kick us out and what do I do if she tries coming in the house to do so
****, your landlord does not have the right to forcibly enter your home or evict you without following the legal eviction process. Here are some steps to take if she tries to enter:
*. Document: Record any attempts she makes to enter.
*. Call the Police: If she tries to forcibly enter, contact local law enforcement.
*. Seek a Restraining Order: Consider getting a restraining order to prevent harassment.
Would you like more details on obtaining a restraining order?
Yes because I’ve been dealing with nonstop harassment from her. I’m just afraid that I won’t be able to receive the restraining order.
****, here's what you can do to pursue a restraining order:
*. Document Harassment: Keep detailed records of all incidents, including dates, times, and descriptions.
*. Gather Evidence: Collect any texts, emails, or other communications that show harassment.
*. File for a Restraining Order: Visit your local courthouse to file for a restraining order. You'll need to fill out forms detailing the harassment and provide your evidence.
Would you like more specific guidance on the filing process?
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