Legal Question in Civil Rights Law in Washington
renting condo
We had a lease through dreamcatcher realty from february 08-09 we were paying 995 and the lease stated after a year we could go month to month. Sometime last year the owners decided to manage their own property and in february when our lease was up we did month to month like it said. Then she sent a letter stating that as of July 1st we were going to be paying 1100 a month due to the economy and she'd like another year lease. We don't want to sign a lease because we are planning on buying in October. Then we get a letter stating that if we don't sign a new lease we need to be out by the 31st and she still wants 1100 a month for July...my question is...Is this legally possible or what is the standard procedure for raising rent and kicking someone out. My mom thinks she should have had an eviction notice go through the courts and there is only a certain amount rent can be raised. No one else's rent has been raised and no one else has even received a notice that it will. I just wanted to know our rights in this matter. Thank You!
1 Answer from Attorneys
Re: renting condo
Your landlord can raise the rent to whatever she wants, PROVIDED she gives proper notice. You do not mention what date you received the letter telling you that as of July 1 the rent will go up to $1,100. If she gave you 30 days, I'd say she is fine, and considering that you are month to month, if you do not accept the offer, a court would treat that as your deciding that you want to end your month to month tenancy.
While she can't force you to sign another 1 year lease, you also can't force her to continue renting to you on a month to month basis.
You do not mention when you received the second letter telling you that if you don't sign the new lease you are to be out by the 31st of July. However, by your posting date, it appears that you have received this letter more than 30 days ahead of time, and all one needs for termination of a month to month tenancy is a 20 day notice by either party. Her letter, as you relate it, tells you that this is your notice to vacate unless you agree to the higher rent. Alas, what the landlord has done is legal.
Your mom is wrong about one thing. An eviction notice is not the way to get you out. In fact, the last thing you want on your credit record is an eviction judgment. That spells disaster whenever you try to rent or get a home loan. It is irrelevant that no one else's rent has been raised UNLESS you can demonstrate that your rent was raised for a reason that the law does not allow, such as because of your sex, ethnic or national origin, religion, and other protected grounds that if you are discriminated against on that basis, then maybe there is something that can be done.
If I were you, I'd sit down with the landlord, tell them your plans, and see if you can get a lease through October. You should offer to pay the extra $105 per month, only because the costs of moving are a much greater hassle and expense than paying this extra rent for 3-4 months.
If that does not work out, then consider delaying your home purchase, if that is feasible for you and stay a year, or get out now, find something temporary and move on from there. One last thing to keep in mind, for purposes of a FICO score, how long you have lived at your current address is factored into that score, so it behooves you, if possible to remain where you are when purchasing your new home.
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