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From my understanding of your question, your son was evicted from one apartment and that landlord accelerated the rent due?
part 1 is correct...he was evicted and the date of eviction is september 1.
Is the disorderly conduct charge a felony?
not that i know of...he was never jailed and it was a party situation
I'm really not convinced that the landlord can use this as a basis for eviction.
I think your first route should be fighting the eviction by filing a wrongful eviction claim.
The law does not provide a "hardship" exception to grant a release from a lease agreement.
hummm too bad.
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.
If they agree to this, then you are good to go (get the agreement in writing).
do i have to have a lawyer draw up papers
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.
If that is the case, then its not entirely black or white on whether they are wrongfully evicting him.
i do not know this
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.
Especially if the rent has been paid in a timely fashion.
as far as i know he has been paying his rent
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.\
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
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.
i will tend to the matter on monday.
Thank you and I wish you good luck.
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