Legal Question in Landlord & Tenant Law in Washington

Help

I've been renting a place for 2.5 weeks and the landlords son was unhappy with it from day 1. He wrote us out a lease ( month to month) and served us with a 3 day notice 12 days before the rent was even due based on the lease, he said he made a mistake on the lease. But he is not listed as the landlord ... his mother is. There is no information on this man he jus showed up one day and said he was her power of attorney. Is what he's doing legal. and if not ... what do I do to protect myself?


Asked on 12/05/07, 9:11 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Help

With a landlord like this, be sure to correspond in writing with them. A month to month is different from a lease. It can be ended by either party with 20 day's notice so long as the notice is given at least 20 days before the end of the rental period.

In other words, in order to end a tenancy on the 30th of the month, the notice has to be given by either party to the other on or before the 10th of the month.

I can't comment on your rental agreement because I haven't seen it. I can't tell you whether it complies with WA law, and I have seen some amazing stuff, presumably gotten off the internet, which can be completely unenforceable in WA.

Landlords can have agents or managers, that happens all the time. He may have said he is her power of attorney, but the correct phrase is he is her attorney in fact.

Attorneys in fact can conduct business for their principal. however, you are entitled to see a copy of the power of attorney upon which he is relying. If he refuses to give this to you, write to your landlady and ask if she'd send you a copy.

You could be onto a scam, and this will clarify for you what is going on.

Attorneys in fact cannot represent their principal in court, as they are not attorneys at law.

protect yourself by writing to your landlady and appraising her of everything that is going on with this tenancy. If you don't tell her in writing, you cannot request repairs.

Hope this helps. Elizabeth Powell

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Answered on 12/05/07, 11:51 pm


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