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Attorney 1
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I own my mobile home in the state of WA, I was late with my

Customer Question

I own my mobile home in the state of WA, I was late with my lot rent and sought advice, Pro Bono Attorney said to enter into Stipulation of Writ of Restitution and everything would be fine. Unfortunately I ended up being late again and landlord exercised right for Writ of Restitution and Judgement. Currently trying to enter into an agreement that they accept my rent, they are willing to, but then want me to move at the end of Jan. this would be the end of my lease. Now Im very confused, I really dont want to move, there are many things wrong with this, yes Im aware I have been late, but I have also always made good with my rent. Under RCW 59.20.080 it says they are suppose to submit to mediation first, this never happened. Now trying to forgo having to move since they have executed the Writ of Restitution I have contacted the Pro Bono place again, they tell me there is nothing I can do but enter into another agreement, pay what I'm behind, and move on Jan 31. After reading RCW 59.18.410 I feel like once again I have been mislead and I can pay what they are saying on the Judgement, which I have not received a copy of and the lease will be reinstated. Any Advice?? Fast I have to do something this morning!
Submitted: 2 years ago.
Category: Legal
Expert:  Attorney 1 replied 2 years ago.

Attorney 1 :

Hello, and welcome to JustAnswer! I am preparing your response. Please remain online for a few moments, so you can get your answer right away.

Attorney 1 :

I am sorry to hear of your difficult situation, and will do what I can to help.

Attorney 1 :

How many times have you been late since you signed the stipulation?

Attorney 1 :

Also, how many days late were you each time (after signing) and was late rent accepted?

Customer :

this is the first time

Customer :

this time, i tried giving them rent on 11/14, which would b according to the stipulation 9 days late, but according to the lease there is no due date

Attorney 1 :

Then they have not waived their rights.

Are you employed?

Customer :

they refused acceptance of the rent, then on 11/23 the writ of restitution was posted on my home, i again tried to give them the money along with Dec they refused

Attorney 1 :

Also, did they accept the 9-day rent payment?

Customer :

no, i'm a full time student

Customer :

they have not accepted any rent as of yet.

Customer :

I also paid 2 days late in Oct, they took the rent at that time.

Attorney 1 :

Do you receive student loans/grants?

Also, how much is the judgment?

Customer :

yes I do receive student loans & grants. I am not sure the total judgement at this point I have not been provided with that paper work

Attorney 1 :

How do you pay your rent each month?

Customer :

I believe it to be 1440 I think, that would be what Im late, what would be owed for dec. and the remainder Attorney fees

Customer :

we pay 350 per month

Customer :

we own our mobile home & rent the lot

Attorney 1 :

Where does the money come from, and who is "we"?

Customer :

me & my husband, I have budgeted from my student loans & fafsa grant for my rent, and also any work from contract work my husband might have

Attorney 1 :

What happens that causes the rent to be late sometimes?

Customer :

I suffer from depression, and forget to take the rent to them, this time thou we did not receive the statement for rent from them until 11/13

Attorney 1 :

So you have the money each month, but it's a depression/forget thing?

Customer :

yes pretty much... I know, Im kicking myself right now, but what are my legal rights

Attorney 1 :

I am not being critical in any way. I am asking these questions to try to help you put together something that will cause your landlord to let you stay. Right now, he has all the legal rights, and you basically have none. That said, from your responses to my questions, I think you guys can make a workable deal.

Attorney 1 :

Thank you for your honest and upfront answers. It makes my job easier and your night shorter.

Attorney 1 :

Here are my thoughts"

Customer :

I appreciate that, so let me ask you this, according to RCW 59.18.410 this statement in it would not pertain? "When the proceeding is for an unlawful detainer after default in the payment of rent, and the lease or agreement under which the rent is payable has not by its terms expired, execution upon the judgment shall not be issued until the expiration of five days after the entry of the judgment, within which time the tenant or any subtenant, or any mortgagee of the term, or other party interested in the continuance of the tenancy, may pay into court for the landlord the amount of the judgment and costs, and thereupon the judgment shall be satisfied and the tenant restored to his or her tenancy; but if payment, as herein provided, be not made within five days the judgment may be enforced for its full amount and for the possession of the premises."

Attorney 1 :

Tough to know how the courts would interpret that in light of the fact that you circumvented the process and agreed and stipulated to the judgment. One moment and I wll see what I can find as to whether the code would be applicable, or whether you have waived your rights under the code. By any chance, does the stipulation mention anything on the subject?

Customer :

im looking

Customer :

uggh there are just so many things wrong with the org. document asking for the eviction that now that im going over it with a fine tooth comb im seeing them. such as they state my lease is a month to month were in fact it is a year lease...

Customer :

not trying to get off subject here, but I just trying to fill you in on everything

Attorney 1 :

Are you sure that it was a "writ of restitution that was filed with the court?"

Customer :

one thing, in the stipulation it states for us to pay $50.00 a month for Attorney fees, the verbal agreement was $25 and $25 is what I have paid and been accepted.

Customer :

at which time? the first time? or this time?

Attorney 1 :

This time.

Customer :

OH YEAH its a writ of restitution, sheriff posted it on my window, but Im also wondering if they used the correct verbage for mobile home owner,

Attorney 1 :

This is a major deal. They have the right to remove you, physically and all of your property is under the landlord's control to store/sell. When is your deadline?

Customer :

Now, therefore, you the Sheriff of Spokane County are hereby3 IIcommanded to secure the body of said Defendants and remove4 IIDefendants from the real property and premises at issue, in order5 lito deliver to said Plaintiffs possession of the premises described6 II in Plaintiffs I Complaint, commonly known as 2515 S. Geiger Blvd Lot7 11#6, City of Spokane, County of Spokane, State of Washington and8 IImake return of this Writ according to law.

Attorney 1 :

By what date?

Customer :

here is the thing, We have been talking to the Pro Bono Attorney at Northwest Justice, we were suppose to enter into an agreement yesterday...

Attorney 1 :

What is the deadline for the writ???

Customer :

the date it was posted was 11/23 making the day they can enforce today when they get to it if they want

Attorney 1 :

Or as early as 7:30 a.m., if that's the way they do it.

Attorney 1 :

You need a deal with the landlord immediately. Here are my suggestions as to potential deals, but you need one, now.

Customer :

However, the Attorney that is suppose to be representing me in good faith has assured me there will be no problems, that contact was made to the Sheriff that we were working on an agreement and not to enforce until further notice

Customer :

while u r tellin me what u think, here is what we have come to the table with...

Attorney 1 :

Landlord accepts the rent, and lets you remain until the end of January, as proposed, however, if your rent is paid on time in January, the deadline is extended by 30 days. If the rent is paid on time the following month it is again extended for 30 days, and on and so forth. Then, either allow automatic debits from your account, since the money is in there, or write checks in advance and give them to the LL to deposit on the due date each month. Thern there is no forgetting, depression or not. This deal is as good for the LL as it is for you because the LL doesn't want a vacant space and doesn't want to have to deal with your property. The LL wants steady rent, and this new deal is a guarantee that they will have it.

Customer :

When the agreement is signed, we pay all of the rent that is due to the end term of the lease, that would be Nov, Dec, & Jan. late fees for Oct, & Nov, and $300 for Attorney fees. for a total of $1450.00 At the end of Jan we need to vacate the premises, during this time we are to be attempting to sell the home, if we have not sold by Jan 31st we leave, but lot rent for Feb, March, & April will be $175.00 a month plus any electrical charges due. if by the end of April we have not sold they get the trailer back. I can also move the trailer at any point during this time, or gift it to someone,

Attorney 1 :

OK, but see above for a less drastic approach. You could lose your home and have nowhere to go under the present arrangement. Moving a trailer is expensive and if you can't afford it, the LL gets your home that you worked hard to pay for.

Customer :

We had proposed that to them, but they did not accept, at this time they just want us gone. Its crazy!! These landlords are very hard to work with. One minute they are willing to work with us when the rent wasnt received on time and they tell us oh it ok we understand dont worry about it then the next minute they get up on the wrong side of the bed and say ok lets evict these guys

Attorney 1 :

**** Please post a short reply to let me know whether I have answered your question or whether you need additional information. ****

If you need more information, I will be happy to continue to assist you.

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____________________________________________________________________

This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.

Customer :

I know!! That is what I have told the Attorney we are working with, also where do you find another land

Customer :

land lord that will rent to you once there is an eviction on the record. In a legal stand point is there any wording I should look for in an agreement that I sign that could possiably give me the opportunity to appeal the move out date of Jan 31st? We have even proposed paying them 6 months lot rent in advance.

Attorney 1 :

Ask the attorney to negotiate a revised agreement. I think my proposal is reasonable and something that wold make sense to the landlord.

Attorney 1 :

**** Please post a short reply to let me know whether I have answered your question or whether you need additional information.

If you need more information, I will be happy to continue to assist you.

­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________________________________________________________

If I have answered your question, please remember to click “ACCEPT.”

Clicking the green “ACCEPT” button will not cause you to incur any additional expense, and it is the only way that an expert gets paid for providing assistance, even if you have made a deposit or have a monthly subscription.

____________________________________________________________________

This communication contains general information, only, and does not constitute the provision of legal advice. Information provided herein is not intended to replace a detailed legal consultation, and does not create an attorney/client relationship.

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