Legal Question in Landlord & Tenant Law in Washington
can landlord evict if already notified of intent to move
I recently lost my job. I was behind in my rent by $400 and now I can't pay my October rent which is $800. When I informed my landlord that i lost my job I told her I would be moving because I can't pay the rent. She told me that if I did'nt have the rent by Oct. 2, 2005 she would start the process to legally evict me and my 3 young childre. Of course I didn't have the rent by Oct. 2nd so she came to my residence and gave me a 3 day pay or vacate notice. I have to pay all money owed by Oct. 7, 2005 or she will legally evict. I have already told her I intend to move ASAP. I don't understand why she would go thru the process to legally evict us when I don't intend or want to continue to live here. I asked her not to do so because it will make it much harder for me to find an apartment to move into with an eviction on my record. Is there anything that I can do to avoid the legal eviction? Can she legally evict me if I have informed her that I am moving? I do not have the money to give to her all at once but am will to make payments to her to pay all that I owe her.
2 Answers from Attorneys
Re: can landlord evict if already notified of intent to move
First, check with the court to see if the Housing Justice Project has assistance in your county (Snohomish and King do to my knowledge, and others may). Also, visit www.washingtonlawhelp.org for more information, forms and resources.
If you want to move out, then do!! If you don't live at the rental unit, the eviction is dismissed; although your landlord can sue you separately for rent owed-- however, if you don't have money or current employment, she may not be able to collect.
If you want to set up a payment plan, then ask your landlord if you can sign a moveout/settlement agreement by which you agree to move out by a certain date, and pay the amounts owed on a schedule. This may be cheaper and quicker for the landlord than to continue with the eviction anyway.
Best of luck!!
Re: can landlord evict if already notified of intent to move
The unlawful detainer period is that three days when she gives you a notice, and you either pay the rent or you don't. After that she can commence judicial proceedings, and the court will award her past due rent, plus court costs and attorney fees. THAT gets pricey.
You can avoid this so long as you have moved out completely by the time the hearing is scheduled. But in order to get a hearing you MUST answer the complaint and possibly the .375 allegations in the summons. If you need help, call housing justice at 206 205 8060 or me. Good luck! Elizabeth
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