Legal Question in Landlord & Tenant Law in Washington
Eviction of unauthorized people in rental
Tenant collected rent from 5 people living in our house with him for 4 mo. without our knowl. He did not pay Jan. & Feb. rent to us. We served him notice to quit or pay rent. Tenant moved out. Other people stayed and paid back rent to us. Pd thru 2/28/07. We offered them a 2 mo. lease to give them time to find other place because of 2 sm. children, They didn't call, sign or pay 3-07 rent. 3-2, told them to pay or move out. Can I legally change locks , tell them to move?
1 Answer from Attorneys
Re: Eviction of unauthorized people in rental
No, you cannot change the locks. The predicate notice (3-day) gives you the right to demand rent or that they vacate, but if they don't comply your obligation is to then commence an eviction action, not just cut to the last step in the process without judicial authorization and a go-ahead from the sheriff.
Self-help in WA is frowned upon to the point where interference with a tenancy is a gross misdemeanor RCW 59 12 300.
Your remedy is to file and serve an unlawful detainer. You are entitled to the possessory interest and the rent, but you are responsible to ensure that even these possible trespassers get due process.
Sorry to sound so grumpy. Unlawful detainer is an intricate area of the law, and any mis-step is grounds for the court to throw out your case and make you start over.
Hope this helps. Powell
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Eviction summons How do I respond to a residential eviction summons Asked 2/28/07, 5:49 pm in United States Washington Landlord & Tenants
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