Legal Question in Landlord & Tenant Law in Washington
In regards to a promissary note.
Dec.Jan. the landlord of the apartments were staying in, {Fiance,12yr.daughter,sister,& myself} requested that me and my finance fill out and sign the promissary note before getting back boat& to make sure I could cash his checks. The note stipulates that by the March 15th 2005, no matter what our rent would be paid in full. I signed over the first check on feburary, 10th 2005, to the landlord. Before the 10th, on the first, the landlord started knocking at the door every morning and sometimes at night also. I answered it ever time is it the 10th yet? Went downtown seattle on the 10 to pick up the check and sign it over to him, it only takes 1 day to get to my home once there mailed. Well the landlord served me a 3 day pay or vacate at the end of feburary. March 8th, served by his attorney. 2 days later i informed his attorney of the promissary note that his client has, but i still had to get a copy of the promissary note and my lease.
1 Answer from Attorneys
Re: In regards to a promissary note.
Your landlord and you can make whatever arragements you like as to rent, and a court will find it is a voluntary contractual agreement and uphold it. It is much easier for a court to uphold a written agreement than a verbal agreement, however.
In the absence of a supplemental writing the terms of the original written agreement and the RLTA apply and will be applied.
Taking your stuff in lieu of rent is called "distress for rent" and it was outlawed in WA in (or about) 1973. Similarly, your landlord cannot ask you to sign a "confession of Judgment" (your prom. note?).
Your landlord has no business pestering you by knocking on the door every day. If he continues call the cops. There is a specific provision in the code if he needs to inspect the place he has to give you 48 hours written notice.
He's also required to give you a copy of your lease.
When you request his compliance, DO IT IN WRITING. Verbal gets you nothing.
A 3-day pay or vacate is the requisite predicate to a suit for unlawful detainer for failure to pay rent. Your rent is due on the 1st barring some other written agreement re the due date.
If you get served with a summons and complaint call housing justice at 206 205 8060 the same day. They can help you. Good luck. If you are not in Seattle, email me and I'll get you to the right people who can help you.
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