Legal Question in Landlord & Tenant Law in Washington

Extraordinary Situation

I am 18. 8 years ago, a family friend offered my parents a place to live and we are still living here. She had been ''renting'' this property along with several ''tenants'' before her for approximately a decade without receiving any communication or signing any lease or contract with the landlord. The landlord has never cashed the rent checks except for one certified check sent from a previous ''tenant''. We think this is because the landlord could not legally lease the property in its current condition, but the landlord must recognize that it is beneficial to their property to have someone here tending it, but not want any liability. My parents have received no communication from the landlord and have signed no lease, but they have sent the rent checks in the amount that the previous tenant sent every month (none of which have been cashed). They have also sent letters introducing us and notifying of changes and maintenance to the property. My question is, do my parents have any authority over me living on this property? For example, could they declare that I was trespassing and force me to leave? Also would this change if I were to send checks and/or attempt to communicate with the landlord?

Thank you


Asked on 6/28/07, 8:56 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Extraordinary Situation

Are you sure you are not a law student doing a final exam ?

: )

The landlord is first and foremost the owner of the land. Also, chances are he is paying the taxes. He is entitled to the rents and the profits from the property, whatever those may be.

The fact that your parents don't communicate with him (though it sounds as though they do) is not relevant to their status. Your parents are tenants.

Thus, there is a landlord-tenant relation, unless there is not, in which case there is a claim regarding title to the property.

I am not leaning one way or the other because I do not have enough information.

As to your parent's authority - well, they pay the rent and the other costs of the household. You are now an adult. If they want to say that you can't live there any more, they can do that.

There is a difference between your parent's household and the property they rent (or whatever) from the owner.

Your relationship with the owner is as another tenant, now that you are 18. Your relationship with your parents is that you are another tenant, besides being their kid.

Tenants don't evict other tenants, landlords do.

Hope that helps. Elizabeth Powell

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Answered on 6/28/07, 9:27 pm


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