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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My son, Joshua, is renting an apartment. He had a parking

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My son, Joshua, is renting an apartment. He had a parking issue in which he complained that the space was too small, and it was 2 feet smaller than the other slips. He is a single father with 2 children. The manaer issued an eviction upon running a back ground check (he had been renting for 5 months) and found a disorderly conduct in 2008. With this, Josh received an eviction notice for Sept. 1.
Another rental, a house, is now in the process of being rented. This house would be rented by me, his mother, Helen, and Josh.
Josh cannot afford 2 payments in one month and asked to be released from his lease by Aug.1. The Landlord denied this request.
Is there some legal process (like 'hardship') that can be used against the manager of this apartment complex so josh can move into this new place.

Zachary D. Norris :

Hi

Zachary D. Norris :

From my understanding of your question, your son was evicted from one apartment and that landlord accelerated the rent due?

Customer:

part 1 is correct...he was evicted and the date of eviction is september 1.

Zachary D. Norris :

Is the disorderly conduct charge a felony?

Customer:

not that i know of...he was never jailed and it was a party situation

Zachary D. Norris :

I'm really not convinced that the landlord can use this as a basis for eviction.

Zachary D. Norris :

I think your first route should be fighting the eviction by filing a wrongful eviction claim.

Zachary D. Norris :

The law does not provide a "hardship" exception to grant a release from a lease agreement.

Customer:

hummm too bad.

Zachary D. Norris :

However, I think you might try to use leverage by sending a letter stating that the attempt to evict is actually a breach of the lease and wrongful eviction under Washington law that subjects the landlord to potential civil penalties. Then you state that you will agree to terminate the lease if the landlord agrees to terminate its demand for accelerated rent.

Zachary D. Norris :

If they agree to this, then you are good to go (get the agreement in writing).

Customer:

do i have to have a lawyer draw up papers

Zachary D. Norris :

I'm wondering whether there was some provision in his rental application which requested whether he had any criminal history, and he failed to disclose this ticket.

Zachary D. Norris :

If that is the case, then its not entirely black or white on whether they are wrongfully evicting him.

Customer:

i do not know this

Zachary D. Norris :

We would need to look at the lease and all the paper work first to get an understanding. However, this shouldn't alter your argument with the landlord. A minor misdeameanor is not the type of criminal conduct which justifies evicting a father with 2 children.

Zachary D. Norris :

Especially if the rent has been paid in a timely fashion.

Customer:

as far as i know he has been paying his rent

Zachary D. Norris :

Evictions are not automatic. The landlord is simiply issuing an eviction notice, but to force the eviction, the landlord has to go to court and get an order.\

Zachary D. Norris :

If your son goes to the hearing (which he should be notified of) and says he's been paying rent and that this was a minor ticket similar to traffic ticket, and then explains that the real reason they are trying to evict him is because they have parking spaces which probably are improper under city code and he was complaining about it, the court may take his side and deny the eviction

Zachary D. Norris :

A lawyer is not necessary for the paper work (although it is recommended). You just need to get them to state on paper that they release all claims for rent under the lease and agree to terminate the lease.

Customer:

i will tend to the matter on monday.

Customer:

thank yo

Customer:

you

Zachary D. Norris :

Thank you and I wish you good luck.

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