Eviction Notice And Rights

Summary

In Washington, landlords can issue a 20-day eviction notice for nonpayment. Tenants should know their rights, including the need for proper notice and legal procedures. Partial payments and communication with the landlord can be relevant defenses. Landlords must make reasonable efforts to re-rent if a lease is broken. Tenants cannot change locks without permission, and landlords cannot seize personal property without a court order. Documenting issues and seeking legal advice can help protect tenant rights. Consider contacting local tenant rights organizations for assistance.

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Stephani waltz

Hi Stephani! How can I assist you today with your legal issue?

I currently live in Washington state my landlord just gave us a 20 day to vacate the premises for failure to pay rent. I have already given her half of the rent and told her I would give her the other half and the late fee within the next week I have been late three out of five of the months for rent, but I’ve always paid rent before the next month and our late fee

Stephani, Washington state has specific landlord-tenant laws that may provide you some protections. Here's a brief overview:
- Notice to Vacate: In Washington, landlords can give a *-day notice to vacate without cause, but nonpayment of rent is a valid reason.
- Grace Period: Washington law does not mandate a grace period for rent payments.
- Legal Process: Your landlord must follow legal procedures for eviction, including serving proper notice and possibly going to court.
Would you like more detailed information on the eviction process or your rights as a tenant in Washington?

Yes

Sure, Stephani! Here are some more details on the eviction process and your rights as a tenant in Washington:
- Notice Requirements: The landlord must provide a written notice before initiating eviction.
- Eviction Filing: If you don't vacate, the landlord must file an eviction lawsuit (Unlawful Detainer).
- Court Hearing: You'll have the opportunity to present your case in court.
- Writ of Restitution: If the court rules in favor of the landlord, they will get a Writ of Restitution, allowing them to remove you.
Would you like more information on how to prepare for the court hearing or any specific legal defenses you might have?

But I’m confused. It’s not that I haven’t paid rent. I just given half the rent and fully intend on paying the rest of the club late fee.

Stephani, I understand your confusion. The fact that you have partially paid and intend to pay the rest may be relevant in court. Here are some potential defenses:
- Partial Payment: Show evidence of partial payments and communication with your landlord about the remainder.
- Payment History: Highlight your history of catching up on late payments.
Would you like more details on how to present these defenses in court?

Yes please

Stephani, to present your defenses effectively in court, consider the following:
- Documentation: Gather all receipts and records of partial payments and communications with your landlord.
- Intent to Pay: Show proof of your intention to pay the remaining balance, such as messages or emails.
- Payment History: Present your history of making up late payments.
Would you like guidance on any specific documents or evidence you need to prepare?

in the meantime, what do we need to start doing? Should we start putting our stuff in storage? How long if we do go to court? Does the eviction process take after the eviction is finalized? How long would we be given to get our stuff out?

Stephani, here’s some general information on what to expect:
- Court Process Duration: The time frame varies but can take several weeks to a few months.
- Post-Eviction Time: If eviction is finalized, the court usually grants a few days to a couple of weeks to vacate.
Do you have any specific concerns about your situation during this process?

if we left either on the 20 day notice or prior do we still owe remaining months of our rental agreement?

Stephani, generally, if you leave either on the *-day notice or prior, you may still be liable for the remaining months of your rental agreement unless the landlord can re-rent the property. Washington state law requires landlords to make reasonable efforts to re-rent. If they succeed, your liability may be reduced.
Would you like more information on how to handle this situation?

Yes

Stephani, here's what you should know:
- Lease Termination: If you break your lease, you may owe rent for the remaining months unless the landlord re-rents the property.
- Mitigation: Landlords must make reasonable efforts to re-rent. If they succeed, your liability could be reduced.
Would you like tips on negotiating with your landlord or guidance on legal options?

Also is it legal for her to only accept cash payments. We have tried giving checks before and she has refused and we also have gotten assistance for rent and she’s refused that as well.

Stephani, in Washington state, landlords generally have the right to specify acceptable forms of payment, including cash only. However, refusing assistance payments may raise legal issues. Here are some points to consider:
- Form of Payment: Landlords can specify payment methods, but it must be reasonable and not discriminatory.
- Assistance Payments: Refusing rent assistance might violate specific local or federal laws.
Would you like more information on how to address this with your landlord or potential legal actions?

Yes

Stephani, here are some steps you can take to address the payment method issue with your landlord:
- Review Lease Agreement: Check if the lease specifies acceptable payment methods.
- Document Refusals: Keep records of refused payments, including assistance.
- Seek Legal Advice: Contact a local tenant rights organization or legal aid for guidance.
Would you like information on local tenant rights organizations or legal aid services?

She has also told us that she does not want to receive checks because she doesn’t want to report the extra income. Why would this be?

Stephani, her refusal to accept checks to avoid reporting extra income could be a red flag indicating potential tax evasion or other financial misconduct.
Would you like information on how to report this behavior to the appropriate authorities or get legal advice on how to handle this situation?

Yes

Stephani, here's what you can do:
- IRS Reporting: You can report suspected tax evasion to the IRS using Form *-A.
- Legal Advice: Contacting a local tenant rights organization or legal aid can provide more specific guidance.
Would you like information on how to contact these organizations or the IRS?

Yes

Stephani, here's the information you requested:

~IRS Reporting
- Form: Use Form *-A to report suspected tax evasion.
- Website: [IRS Tax Fraud Reporting](https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity)

~Legal Aid in Washington
- Organization: Northwest Justice Project
- Phone: *-*-*-*
- Website: [NW Justice Project](https://nwjustice.org/)
Would you like more assistance on any specific aspect of your situation?

Yes she’s already done one inspection of the house and told us that we failed to hold up our agreement for last month’s rent because we did work for last months rent and the deposit and the only thing that wasn’t done was a closet wasn’t painted only because she did not provide the paint. How do we go about this situation?

Stephani, here’s what you can do to address this situation:
- Documentation: Gather proof of the work completed and any communication indicating she did not provide the paint.
- Lease Agreement: Review the lease terms regarding maintenance and repairs.
- Communication: Write a formal letter explaining the situation and your compliance efforts.
Would you like more details on how to draft this letter or further legal steps?

And how many inspections can she do and what is she all allowed to do during these inspections what is illegal to do during these inspections?

Stephani, here are some general guidelines regarding landlord inspections in Washington state:
- Frequency: There is no specific limit, but inspections must be reasonable and not intrusive.
- Notice: Landlords must give at least * hours' written notice before entering.
- Purpose: Inspections should be for legitimate reasons like repairs or ensuring lease compliance.
- Illegal Actions: Entering without notice, harassment, or conducting unnecessary inspections are prohibited.
Would you like help with drafting a complaint letter to your landlord regarding these inspections?

Yes please. What all would be considered harassment

Stephani, harassment by a landlord can include various actions. Here are some examples:
- Entering your rental unit without proper notice.
- Conducting excessive or unnecessary inspections.
- Threatening or intimidating behavior.
- Refusing to perform necessary repairs or maintenance.
- Unjustified eviction threats.
Do you need help with any specific instances or further guidance on addressing harassment?

What are a justified eviction threats, and what is considered threatening or intimidating behavior

Stephani, here's a brief overview of justified eviction threats and what constitutes threatening or intimidating behavior:
- Justified Eviction Threats:
- Nonpayment of rent.
- Violating lease terms (e.g., unauthorized occupants, pets).
- Engaging in illegal activities on the property.
- Threatening or Intimidating Behavior:
- Making threats of physical harm or violence.
- Using abusive or offensive language.
- Repeatedly entering your unit without notice.
- Harassing you through excessive inspections or communication.
Would you like more detailed information on how to document these behaviors or take legal action?

Yes

Stephani, to document and address harassment and unjustified eviction threats, consider these steps:
- Documentation: Keep a detailed record of all incidents, including date, time, and nature of the behavior.
- Witnesses: If possible, have witnesses to any interactions.
- Formal Complaint: Draft a formal complaint letter outlining the behavior and your concerns.
Would you like guidance on drafting this complaint letter or information on filing a formal complaint?

she also never did a walk-through with us before or after all of the repairs we’ve made and she also never gave us any information about lead painting or having smoke alarms or co2 alarms in the house

Stephani, here’s some information regarding your landlord's responsibilities in Washington state:
- Walk-Through Inspections: Landlords should conduct move-in and move-out inspections, but it's not always legally required.
- Lead Paint Disclosure: Federal law mandates landlords disclose known lead paint hazards in homes built before *.
- Smoke and CO Alarms: Washington state law requires landlords to provide and maintain smoke and carbon monoxide alarms.
Would you like assistance on how to address these issues with your landlord or take legal action?

Yes and I would like all the information on how I prepare these legal documents

Stephani, here's a brief guide to preparing the necessary legal documents for your situation:
- Documentation: Gather all relevant documents such as lease agreements, payment receipts, and communication records.
- Formal Complaint: Draft a detailed complaint letter outlining your concerns and the landlord's actions.
- Legal Notices: Prepare any necessary legal notices required by your situation, such as a notice to withhold rent if repairs are not made.
- Court Documents: If you need to go to court, prepare documents like the Unlawful Detainer Answer Form, including all evidence.
Would you like detailed steps on how to draft any specific document?

Yes

Stephani, here's a step-by-step guide to drafting a formal complaint letter:
*. Header:
- Your name and address.
- Landlord's name and address.
- Date.
*. Subject:
- "Formal Complaint Regarding [Issue]".
*. Introduction:
- Briefly state your tenancy details (address, lease start date).
*. Body:
- List of Issues: Clearly outline each issue (e.g., failure to accept checks, lack of notice for inspections, etc.).
- Evidence: Mention any documents or communications that support your claims.
- Legal Violations: Reference specific laws or lease terms violated.
*. Conclusion:
- State the resolution you seek.
- Offer a timeline for a response or action.
*. Signature:
- Sign and print your name.
Would you like a template to help you get started?

I also had Covid during the inspection and we did let her know and she told her she didn’t care. We told her that I was confined into our bedroom and that is another place she inspected and that is also where she decided to harass us about the late payment and giving us the 20 day vacate. I have home security cameras at the house and I have all of the event events recorded. How do I go about making sure that I can use these if Needed.

Stephani, you can definitely use your home security camera recordings as evidence, but make sure to follow these steps to ensure they are admissible:
- Preserve Footage: Save the relevant clips from your security cameras.
- Chain of Custody: Keep a record of how the footage was handled to show it hasn't been tampered with.
- Backup: Make multiple copies of the footage on different devices.
- Documentation: Create a log describing each clip, including date, time, and what it shows.
Would you like more information on how to present these recordings in court or any other legal documents you may need?

Yes

Stephani, here's how you can present your home security camera recordings in court:
- Preserve Footage: Save all relevant clips on secure storage devices.
- Chain of Custody: Maintain a log detailing who handled the footage to ensure authenticity.
- Backup: Create multiple copies on different storage devices.
- Documentation: Write a log for each clip, mentioning date, time, and content.
Would you like a sample template for documenting the footage or more details on presenting this evidence in court?

Yes

Stephani, here's a sample template for documenting your home security camera footage:
---

Home Security Footage Log
Clip *:
- Date: [Insert Date]
- Time: [Insert Time]
- Description: [Brief description of what the footage shows, e.g., "Landlord entering bedroom without notice and discussing late payment."]
- Storage Location: [Device or medium where the clip is saved, e.g., "USB drive, folder named 'Eviction Footage'"]
Clip *:
- Date: [Insert Date]
- Time: [Insert Time]
- Description: [Brief description of what the footage shows]
- Storage Location: [Device or medium where the clip is saved]
---
Would you like more information on any other specific legal documents or further guidance on your situation?

Yes

Stephani, here's how you can prepare other specific legal documents you may need:
*. Notice to Withhold Rent:
- Header:
- Your name, address, landlord's name, and address.
- Date.
- Subject: "Notice to Withhold Rent Due to Unresolved Issues"
- Body:
- List unresolved issues (e.g., failure to provide smoke alarms).
- Reference specific laws or lease terms violated.
- State your intention to withhold rent until issues are resolved.
- Signature: Sign and print your name.
*. Unlawful Detainer Answer Form:
- Header:
- Your name and address.
- Court’s name and address.
- Body:
- Deny or admit each claim in the eviction notice.
- Provide your defenses (e.g., partial payments, landlord's refusal of checks).
- Attach relevant documents and evidence.
- Signature: Sign and date the form.
Would you like more details on drafting any specific document or any other guidance?

so while I had Covid, is there anything she did illegally by invading my personal space while I was sick?

Stephani, your landlord's actions during your illness could potentially be illegal. Here are some points to consider:
- Right to Privacy: Tenants have the right to reasonable privacy; entering without notice may violate this.
- Health and Safety: Ignoring your health condition could be seen as endangering your safety.
Would you like details on how to file a formal complaint or take legal action?

Yes

Stephani, here’s how you can proceed with filing a formal complaint or taking legal action:
*. Formal Complaint:
- Header: Include your name, address, landlord's name, and address.
- Date: Add the current date.
- Subject: "Formal Complaint Regarding Illegal Entry and Privacy Violation"
- Introduction: State your tenancy details (address, lease start date).
- Body:
- List of Issues: Clearly outline the issues, such as entering without notice and ignoring your health condition.
- Evidence: Mention any documents, recordings, or communications that support your claims.
- Legal Violations: Reference specific laws or lease terms violated (e.g., right to privacy).
- Conclusion: State the resolution you seek and offer a timeline for a response or action.
- Signature: Sign and print your name.
*. Legal Aid:
- Northwest Justice Project
- Phone: *-*-*-*
- Website: [NW Justice Project](https://nwjustice.org/)
*. Documentation:
- Preserve Footage: Save all relevant clips on secure storage devices.
- Chain of Custody: Maintain a log detailing who handled the footage to ensure authenticity.
- Backup: Create multiple copies on different storage devices.
- Documentation: Write a log for each clip, mentioning date, time, and content.
Would you like assistance in drafting the formal complaint letter, or do you need more details on any specific legal document?

also what is considered a legal form of documentation for the 20 days of vacate to premises letter

Stephani, here are the key elements that make a "*-day notice to vacate" legally valid in Washington state:
- Written Notice: The notice must be in writing.
- Specific Date: Clearly state the exact date by which you must vacate.
- Reason for Eviction: Must specify the reason (e.g., nonpayment of rent).
- Landlord’s Signature: The notice should be signed by the landlord or their agent.
- Delivery Method: Delivered personally, posted on the premises, or sent via mail.
Would you like more details on any specific part of the eviction process or assistance in preparing a response?

Yes I would like information on both, please

Stephani, here's some detailed information on both the eviction process and preparing a response:

Eviction Process:
*. Notice to Vacate:
- Written notice specifying the exact date by which you must vacate.
- Reason for eviction, such as nonpayment of rent.
- Signed by the landlord or their agent.
- Delivered personally, posted on the premises, or sent via mail.
*. Eviction Filing:
- If you don't vacate, the landlord must file an eviction lawsuit (Unlawful Detainer) in court.
*. Court Hearing:
- You'll receive a summons to appear in court.
- Present your case, including any defenses and evidence.
*. Writ of Restitution:
- If the court rules in favor of the landlord, they will get a Writ of Restitution, allowing them to remove you.

Preparing Your Response:
*. Formal Complaint Letter:
- Header: Your name, address, landlord's name, and address.
- Date: Current date.
- Subject: "Formal Complaint Regarding [Issue]".
- Introduction: Briefly stateyour tenancy details (address, lease start date).
- Body:
- List of Issues: Clearly outline each issue (e.g., failure to accept checks, lack of notice for inspections).
- Evidence: Mention any documents or communications that support your claims.
- Legal Violations: Reference specific laws or lease terms violated.
- Conclusion: State the resolution you seek and offer a timeline for a response or action.
- Signature: Sign and print your name.
*. Unlawful Detainer Answer Form:
- Header: Your name and address, court’s name and address.
- Body:
- Deny or admit each claim in the eviction notice.
- Provide your defenses (e.g., partial payments, landlord's refusal of checks).
- Attach relevant documents and evidence.
- Signature: Sign and date the form.
*. Documentation:
- Gather all relevant documents such as lease agreements, payment receipts, and communication records.
- Preserve any home security footage and create logs for each clip.
*. Legal Aid:
- Northwest Justice Project
- Phone: *

Also what is a legal lease agreement look like and what is an illegal lease agreement look like

Stephani, here's a concise overview of what constitutes a legal and an illegal lease agreement in Washington state:

Legal Lease Agreement:
- Written Document: Clearly outlines the terms.
- Parties Identified: Names of landlord and tenant.
- Property Description: Address and details of the rental unit.
- Term Length: Specifies the duration of the lease.
- Rent Details: Amount, due date, and acceptable payment methods.
- Security Deposit: Terms and conditions regarding deposits.
- Rights & Responsibilities: Outlines maintenance, repairs, and other obligations.
- Signatures: Signed by both landlord and tenant.

Illegal Lease Agreement:
- Unclear Terms: Vague or missing critical details.
- Discriminatory Clauses: Terms that discriminate based on race, religion, or other protected statuses.
- Illegal Provisions: Clauses that waive tenant rights or violate state laws.
- Unwritten Agreements: Verbal agreements without a written record.
Would you like more detailed information on any specific aspect of a lease agreement?

Yes I would like all information on specific aspects of lease agreements

Stephani, here are some key aspects of lease agreements in Washington state:

Legal Lease Agreement Aspects:
*. Written Document:
- Clearly outlines the terms.
*. Parties Identified:
- Names of both landlord and tenant.
*. Property Description:
- Address and details of the rental unit.
*. Term Length:
- Specifies the duration of the lease.
*. Rent Details:
- Amount, due date, and acceptable payment methods.
*. Security Deposit:
- Terms and conditions regarding deposits.
*. Rights & Responsibilities:
- Outlines maintenance, repairs, and other obligations.
*. Signatures:
- Signed by both landlord and tenant.

Illegal Lease Agreement Aspects:
*. Unclear Terms:
- Vague or missing critical details.
*. Discriminatory Clauses:
- Terms that discriminate based on race, religion, or other protected statuses.
*. Illegal Provisions:
- Clauses that waive tenant rights or violate state laws.
*. Unwritten Agreements:
- Verbal agreements without a written record.
Would you like moredetailed information on any specific aspect of a lease agreement, such as maintenance responsibilities or rent payment methods?

Would it also help for me to receive counseling for the trauma and PTSD issue is causing me due to all the harassment she has done since before we even moved in the entire time that we live here

Stephani, seeking counseling for trauma and PTSD caused by harassment is definitely a good idea. It can help you cope with the stress and provide you with emotional support during this challenging time. Additionally, documenting this for legal purposes can strengthen your case.
Would you like resources for finding counseling services or more information on how this can support your legal case?

Yes I would like more detailed information for the legal lease specifications and resources for the counseling

Case Rating: *
Stephani, here are some detailed specifications for legal lease agreements and resources for counseling:

Legal Lease Specifications:
*. Written Document:
- Must clearly outline all terms and conditions.
*. Parties Identified:
- Full names of both landlord and tenant.
*. Property Description:
- Complete address and details of the rental unit.
*. Term Length:
- Specific start and end dates of the lease.
*. Rent Details:
- Amount of rent, due date, acceptable payment methods.
*. Security Deposit:
- Terms and conditions, including the amount and how it will be handled.
*. Rights & Responsibilities:
- Both parties' obligations for maintenance, repairs, and other duties.
*. Signatures:
- Must be signed by both landlord and tenant.

Counseling Resources:

~Washington State Counseling Resources
- Washington State Department of Social and Health Services (DSHS)
- Phone: *-*-*-*
- Website: [DSHS Mental Health Services](https://www.dshs.wa.gov/)
- National Alliance onMental Illness (NAMI) Washington
- Phone: (*) *-*
- Website: [NAMI Washington](https://www.namiwa.org/)
Would you like more information on any specific aspect of a lease agreement or additional counseling resources?

is it illegal for us to change the locks? And does she have any rights for taking control of our property within the house?

Case Rating: *
Stephani, here's some information regarding changing locks and your landlord's rights over your property:

Changing Locks:
- Tenant's Right: Generally, tenants cannot change locks without the landlord's permission.
- Landlord's Entry: Landlords need access for inspections or emergencies. Changing locks without consent may violate the lease terms.

Landlord's Rights Over Tenant's Property:
- No Seizure: Landlords cannot take control of your personal property without a court order.
- Notice Requirement: If they need to remove items during repairs or maintenance, they must give proper notice.
Would you like more detailed information on any specific legal actions you can take to protect your rights?

Eviction Notice And Rights

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