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Access Evictions.com
ELLER LAW FIRM PLLC
888-88-EVICT
888-883-8428
Landlord attorney providing eviction service to King County, Pierce County, and Snohomish County, Washington including -
  • Seattle
  • Bellevue
  • South King County
  • Tacoma
  • Everett

Updates

New Law Requires Landlords to Provide Mold Dislcoure to all Washington Tenants New Law Makes Taking a Default Judgment Against Tenants More Difficult [12/07/07] - Supreme Court holds that "Three Day" Notices require three calendar days, not business days, overturning the Court of Appeals. -[12-07-07]

Seattle Landlord Attorney Scott Eller
Also see our Washington Landord Tenant Blog

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1.  What is the correct way to serve an eviction notice?
 
There are three valid methods for serving an eviction notice

2. How long do evictions take?

The truth is this is largely in the hands of the tenant. If the tenant complies with the initial eviction notice, it could be as little as a few days. If the tenant is willing to be sued and wants a hearing it could be three weeks or more.

We are experienced at navigating the legal hurdles in an eviction and will strive to do so efficiently.

Although many evictions are shorter, and some longer, we have found the average eviction to be about eighteen days.

3. How much do evictions cost?
 
Again, this depends mostly on how the tenant responds.  The eviction could cost as little as $125.00.  It is usually considerably more.  It also depends on whether you follow the fast rack approach or pay-as-you-go.  The fast track eviction costs more up front but may save time.  Pay-as-you-go eviction  saves money if the tenant quickly acquiesces. 

4. The tenant moved out. Can I retake possession?

Abandonment must be clear and unequivocal. Any ambiguity will be construed against the landlord.

5. The tenant left belongings behind.  What do I do with them?
 
It depends on what type of property the tenant left behind and how much it is worth. 

6. Can I accept money after I serve the tenant with a three-day pay or vacate notice?
 
It depends. If rent is accepted, even a partial payment, for the period for which the three-day notice to pay or vacate is issued, the landlord forfeits any right to evict.

If rent is due for multiple periods and a partial payment is accepted the landlord does not forfeit the right to evict so long as the payment is applied to previous rent first and there is still some rent owing for the period before the three-day notice to pay or vacate.

7.  My tenant is a victim of domestic violence.  Are there special rules for this situation?  
 
Yes.  If your tenant is a victim of domestic violence the tenant may break the lease.  However, you may not screen out such tenants or refuse to renew a lease based on the tenant's status as a victim of domestic violence

8.  I was selling my house to someone who moved in prior to closing. I no longer want to sell to them but they refuse to vacate the property. Can I evict them?

Yes, but probably not under the landlord tenant act. You will have to bring an ejectment action against a purchaser who gained possession pre-closing and will not leave. This will take a lot longer and will cost you a lot more money. 

9. What are the rules regarding security and damage deposits?
 
There are several statutory provisions that require, among other things, checklists, that deposits be placed in trust accounts, and that the landlord provide either the return of the deposit or an explantion of the retention of any funds with 14 days of the end of the tenancy.   

10. How much notice am I required to give my tenant for inspection/repairs or to show the property to prospective purchasers or tenants?

The landlord has a right of entry for legitimate purposes and upon reasonable notice. Generally this is deemed as not less than two days for inspection or repairs and not less than one day for exhibiting the property. 

11.  My tenant is threatening to make repairs and deduct the repair costs from the rent.  Can my tenant do this? 

Maybe.  Your tenant has the right to repair and deduct if the tenant follows certain requirements and only within certain limitations.  

12.  What are the landlord's duties to maintain the premises?
A landlord has a duty to keep the premises habitable at all times during the tenancy. State law has several specific requirements.  Local law may impose greater or additional requirements. 
 
13.  Do I have to provide smoke detectors?
 
Yes.  You must also provide certain notices regarding smoke detectors
 
14.  I bought a property at foreclosure.  It has been more than 20 days and the people have not moved out.  Do have to serve them with a notice before evicting them?
 
No.  For eviction of reluctant previous owners after foreclosure no additional notice is required.  You may proceed directly into the eviction.   

15.  How can I collect from my tenant after eviction or abandonment?
 
There are several ways to go about collecting. Very often, however, the tenant is simply judgment proof. 
 
 

16.  What do discrimination laws require of landlords?
 
Federal, state, and local laws ban many forms of discrimination.  Sometimes landlords violate them largely because of ignorance of the requirements. 

17. My tenant is not paying rent.  I can change the locks, turn off the utlities, and/or take other simliar steps to force them out, right?

The answer is no, no, and no. Self help evictions are illegal. 

18.  But my lease says I can change the locks, evict without notice, and/or the property is "as-is", etc.  The tenant agreed to this by signing the lease so why do I need to worry about all of this?

Because provisions of the Landlord-Tenant Act cannot be waived
 
19. I am leasing property constructed prior to 1978.  Do lead based paint disclosure laws apply to me?

Probably.  Failure to comply with lead based paint disclosure laws can result in fines against a landlord for as much as $11,000.00.   

20. Do weekends count in computing time for an eviction notice?
 
Yes.  The Washington Supreme Court has ruled that the three day notice period includes weekends.
888-88-EVICT
(888-883-8428)
Fax 425-671-1219
 

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Copyright © 2008 T. Scott Eller Law Firm PLLC d/b/a Access Evictions.
All rights reserved. 
 
The Supreme Court of Washington does not recognize certification of specialties in the practice of law. A lawyer may not state or imply that the lawyer is a specialist.  The content of this website is meant only to communicate fields of practice.

Lawyers may state or imply that they practice in a partnership or other organization only when that is a fact. Scott Eller is the sole shareholder of T. Scott Eller Law Firm  PLLC.
 
Nothing in this website is a substitute for legal advice. The information is general in nature. Furthermore, while we update this site frequently and strive to provide quality content, the law is always in flux. The statutes, ordinances, and other legal authority cited and/or published in this website may not always be current. For legal advice on your particular circumstances feel free to contact us.