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I have a rental property and the tenent has been paying partial

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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Customer Question

I have a rental property and the tenent has been paying partial rent for couple month,promising to pay it off every month but owes $1160.00 and thier lease expired 1st of this month and they are still occupying the premises.tried to contact but would not ans phone.Went there yesterday and left note that we will be there today.Went there today . they dont want to move nether want to pay any money. According to the lease we had .the rent should be paid in full (800.00) by the 7th each month or a $30.00 fee be charged every day.Told them today to vacate house but they said they would not. What is the right procedure to follow and the fastest way to get them out? We also want to take legal action to recover the money owed

Submitted: 1015 days and 18 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Expert:  Dimitry Esquire replied 1015 days and 18 hours ago.

What state are you located in?

Customer replied 1015 days and 18 hours ago.

Washington

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Expert:  Dimitry Esquire replied 1015 days and 18 hours ago.

Currently your tenants went from having a periodic tenancy, to a tenancy at sufferance (which is when a tenant wrongfully holds over after termination of the tenancy).

As a Washington landlord, you must follow certain procedures to terminate a tenancy. To terminate a periodic tenancy, a landlord must give at least 20 days' written notice prior to the end of the month. However, if the tenant violates his or her obligations, for example, by failing to pay the rent, the landlord may terminate the lease through eviction proceedings.

The action by a landlord to remove a tenant from a rental unit is known as an eviction or an "unlawful detainer."

In eviction actions strict rules and procedures must be observed. Generally, a legal eviction process involves:

1. Proper notice. Before evicting a tenant, you must serve the required eviction notices using proper procedures. Proper notice usually involves mailing, handing to the tenant, or posting on the unit, the notice.   This link should provide you with the forms that you can use: http://accessevictions.com/free-eviction-forms/

2. After you paste the notice, you can file the lawsuit if your tenant refuses to leave. Be aware that if the tenant disputes the reasons for the eviction, the tenant is entitled to a court hearing.

3. If you win, contact the Sheriff who would then be ordered to physically evict a tenant and remove the property in the unit. Only the sheriff, not the landlord, can physically remove a tenant who does not comply with an eviction notice and only after an unlawful detainer lawsuit has been filed.
   

Also, be aware that if you win the dispute, you will be able to collect for attorney fees as well.

Sincerely,

Dimitry Alexander Kaplun, Esq.

Customer replied 1015 days and 18 hours ago.

I have verbaly told him on june 16th that if all dues are not paid of by august first then the lease will not be renuwed and that you will have to move

Accepted Answer

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Expert:  Dimitry Esquire replied 1015 days and 18 hours ago.

That is not enough. To make it binding, you must formally give him a notice of eviction.

Sincerely,

Dimitry Alexander Kaplun, Esq.

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Expert TypeAttorney
Pos. Feedback: 99.3 %
Accepts: 11433
Answered: 8/11/2009

Experience: JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin

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