Legal Question in Landlord & Tenant Law in Washington
landlord-tenant question
My brother rented an apartment under an oral rental agreement. In January 2007 I moved in to help my brother out financially. Some additional issues arose and the landlord eventually requested my brother to move out and indicated they would be willing to continue renting to me. On 9/6 the landlord hand delivered a 3-day notice addressed to my brother and me. My brother left on 9/10 however he left personal furniture/items in the residence. At that time the landlord was still working on continuing renting to me. The landlord has now decided to not continue renting to me either. I gave the landlord a money order for $300 on 9/7. My question -- is the 3 day notice still effective since they accepted the $300 from me on 9/7. Since they have now asked me to vacate the premises -- am I entitled to a 20 day notice to vacate? Thank you.
1 Answer from Attorneys
Re: landlord-tenant question
The 13th is too late for an effective 20 day notice, you would have to have received it on or before the 10th to be effective on the 30th.
If the past due rent is more than $300.00 the landlord can retain the partial payment and proceed with the eviction. If $300 represents all that was due, then you are paid up and have dealt with the 3-day.
If you give the landlord notice that you are vacating voluntarily (waiving the 20-day) they may not file an eviction lawsuit.
Landlords generally are much more interested in getting the property back than anything else.
The advantage to you is not having an eviction sit on your credit history for ten years.
Housing Justice in King County can assist you with this, but if you still owe rent (if the $300 was a partial payment) you'd do well to consider vacating voluntarily rather than waiting and ruining your credit.
Elizabeth Powell
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