Legal Question in Landlord & Tenant Law in Washington

Change in terms of notice to vacate apartment

I gave my apt. manager an intent to move out by the middle of the month. I had to change that to the end of the month, because my house did not sell. Now I may need to be in the apt. for one more month. I'm currently on a month-month rental agreement. Can the apt. manger refuse to allow me to extend my rental contract one more month, since I've alredy given a notice of intent to vacate? If I pay rent by the first of the month do I have a legal right to stay in the apt? What if they have already re-rented the apt. for the next month? Do I have any rights at all to remain in the apt.?


Asked on 7/20/05, 5:04 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Change in terms of notice to vacate apartment

Notice of Intent to Discontinue Tenancy must be given 20 days ahead, so on the 10th of the month to be effective for the last day of the month. You can't do it mid-month; defeats the purpose.

So, you can't ask the manager to allow you to hold over after the end of the month without risking an unlawful detainer.

I'd suggest a letter AND the rent. If you pay rent - AND SHE ACCEPTS THE RENT - you can stay for the month.

If they have re-rented the apt. and you are still there they can bring an unlawful detainer to get you to leave. They can't make you leave without a court order so authorizing.

You can likely resolve this with a polite letter which does not empasize your rights, but your difficult situation because of the failure of your new residence to close - or whatever is going on. Good luck. Powell

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Answered on 7/20/05, 6:06 pm


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