Legal Question in Landlord & Tenant Law in Washington
I was wondering what consists of your landlord harassing you? Ive lived here 6 months. live above the assistant manager. she has left 11+ notices on my door. come to my door more than 5 times and has called security on me 2 times... all for noise during day time hours or for someone walking too loud. Ive never had a noise complaint in my life and i have received far too many now. Also, this has come to a head. the management is accusing me of untrue things. They called to tell me i had to move to a smaller apartment or give notice but my lease isnt up for another 6 months. and i currently have a 3 bed room. She gave me less than 24 hours to give an answer. This can not be right. They have forced me out of this apartment since day one. what do i do? what are my rights?
1 Answer from Attorneys
The best thing you can do is hire an attorney to write a letter to your landlord or their property manager explaining your rights and your intention to enforce those rights. That said, it sounds as if you are not happy where you are anyway, so if I were you, I would offer to leave sooner than your lease expires but only after you have found suitable accommodations elsewhere. You are also going to want to ask for help defraying the cost of the move, considering that you were not planning on moving so soon.
That said, assuming you cannot hire an attorney to help you, make sure that from now on, you communicate with your landlord through written letters only, and then send them only by certified mail with a return receipt requested. Do not speak to your landlord or building manager about any of this stuff, and if they approach you, ask them to write you whatever it is they want to communicate. After such oral interactions, write a letter memorializing your conversation. Something like, "Dear Bill, Today when we met, you asked about [ ] and I asked you to write me a letter about this point, and I will write you a response as soon as possible. Sincerely, [Your name].
On the specific point of the 24 hours to respond, you are correct. In fact, you do not have to respond at all. If the landlord wants to bring an eviction proceeding against you, which is a distinct possibility, be ready for it. Get witnesses, the best of whom are fellow tenants who have adjoining walls with your unit, and have them sign written affidavits attesting to the fact that you do not make excessive noise at any time of the day or night and that you have been nothing but a nice, quiet tenant or neighbor.
Before they can evict you, they will have to give you written notice of the problem and demand that you comply with your lease or the law as it applies to noise. You would then get served with the summons and complaint for an eviction based upon the breach of the lease or the landlord-tenant laws and have to appear in court to explain your side of the story based on the written complaint you are served with. At this hearing, you will testify and present your affidavits from your witnesses about how quiet you are.
The judge or commissioner would then decide whether this matter should proceed to a trial or whether to grant the eviction based on what's been said in court or whether to outright deny the eviction based upon what's been said in court.
It's more complicated than what I am writing here, but this is meant only to give you a general road map of what lies ahead.
Depending on your monthly rent, how difficult it is to find a place in the neighborhood you want to live in and at the same or lower cost than you currently pay, you may want to hire an attorney to at least write the initial letter to your landlord or manager. That's also a really good way to send a shot across their bow to say that you are serious and not about to be pushed around. My office is in downtown, and I'd be happy to help, or I can refer you to someone closer if you like.
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