Legal Question in Real Estate Law in Washington
Past due rent
What is the proper procedure for initiating the paperwork for past due rent? Thanks
Asked on 10/27/07, 12:36 pm
1 Answer from Attorneys
Elizabeth Powell
ELizabeth Powell PS Inc
Re: Past due rent
If the tenant is in possession, the procedure is to serve a 3-day notice to pay rent or vacate.
If the tenant is not in possession, the action is for unpaid rent, generally in small claims (unless the amount sought is more than $4,000.00) and if more, by filing and serving a summons and complaint for unpaid rent due and owing.
Neither of these is self-help law. The contract, the caselaw and the statute all provide fee-shifting mechanisms so the losing party has to pay the prevailing party attorney fees and costs of suit in addition to the principal amount.
You are better off with a lawyer. Hope this helps. Elizabeth Powell
Answered on 10/27/07, 1:32 pm