Legal Question in Real Estate Law in Washington

My Mom rented her home to a single man with a rental aggreement. Without her approval he moved in a roommate. The renter passed away a few weeks ago without having paid the rent. Now the roomate who's name is not on the rental contract refuses to move. She has not received a penny for the month of November. The roomate says he has a key with entitles him to be there. What can be done to get him out?


Asked on 11/28/11, 3:48 pm

1 Answer from Attorneys

Jonathan Baner Baner & Baner

Unlawful detainers are a special statutory proceeding limited to questions of possession. Not receiving rent is almost certainly a breach of the rental agreement entitling the landlord to commence the procedure to remove the tenant. Having another roommate may be a breach entitling (depends on the rental agreement).

Unlawful detainers are brought pursuant to RCW 59.18 where the underlying lease is governed by the Washington Residential Landlord Tenant Act (WRLTA). It, as stated previously, is a special remedy where the court sit with limited jurisdiction, and jurisdiction is very important. Courts are now very stringent on ensuring the proper procedures are filed in these actions, and will, on their own accord, dismiss if minor defects are found (e.g. not listing a fax number on the summons).

Having a key doesn't do any more to establish a right to possession than having a hammer to break a window entitles you to possession.

There are several attorneys that handle these matters. I honestly do not know of any other attorneys than me that does this work in Kitsap/Mason counties, but I'm sure they exist. If you would like to talk more about hiring an attorney to represent you in this matter then please call my office.

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Answered on 11/28/11, 5:16 pm


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