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.
If you have already paid the rent before it was due, then your landlord has no right to commence eviction proceedings against you. The promisory note, and the landlord's behavior can be used as evidence against him in at the eviction hearing. Because your landlord agreed to the promisory note, it would be possible to argue that he is no estopped from attempting to evict you. If you live in King County, you should contact the King County Bar Association's Housing Justice Project. This is a program for person's of low income who need representation at eviction hearings.