Legal Question in Real Estate Law in Washington
10 day eviction notice given for having cat after six years
A 52-year-old man in Blaine, WA has been given a 10-day eviction notice. He is disabled and in very poor health. The eviction notice is because he owns a cat. The apartment is federally subsidized in some way, perhaps �section 8�. Richard has lived there 6 years with the cat. The manager had a dog but it died about four years ago. The lease addresses the pet issue stating that permission must be sought with, perhaps, an additional deposit.He has already paid a $322 deposit. The landlord has never cleaned the carpets in six years nor painted. There is no apparent cat damage to the apartment. The manager has complained that cats were going to the bathroom in the flowerbeds. He threatened the tenants that they had to get rid of their pets or be evicted. The residents are elderly and disabled.
The issues are whether or not having a pet rises to good cause for a ten day eviction, and whether or not the company has waived its opportunity to enforce the pet clause because it has been six years. What is the next step for the landlord if they wish to enforce this eviction notice? What defense does Richard have? Does the Federal government protect the �small guy� on these issues?
1 Answer from Attorneys
Re: 10 day eviction notice given for having cat after six years
The next step for the landlord is to serve a summons and complaint along with an order to show cause. Tenant will have 6-12 days until the hearing. At the hearing the judge will determine whether the affirmative defenses are adequate. If not, the court will issue a writ of restitution, served by the sheriff, with ten days to move out. If the tenant refuses to move, the sheriff will move the tenant out.
One defense would be waiver, or failure to enforce, though this sounds weak. It's very much with discretion of judge, and judges usually side with landlord, especially with lease clause that says permission needed for pets.
I don't know that feds provide any protection.
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