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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87229
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i am in washington state, my lease is up on the 28th and i

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i am in washington state, my lease is up on the 28th and i asked my roommate (who is not on the lease) in writing to be out on the 26th for the inspection. it was like 23 days notice and only cuz we changed our minds about extending the lease, however being a month to month tenant to me she is only required to get 20. she is saying she needs 30 and that she needs an eviction notice. can i just move her stuff and be done?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Just to clarify, please - does she pay rent? If so, to whom - you (as a subtenant)? Or, does she not?

If she does, how often?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

she payes to me as a subtenant, though she hasnt been on time in months. its supposed to be the 1st when she pays but it was generally closer to the middle ot the month

Expert:  Ely replied 1 year ago.
Thank you, K.

Even though she is a sub-tenant, she has all the same rights as a tenant. If you are going on a month to month basis, ordinarily, she would need a minimum of 20 days notice to quit under RCW 59.18.200 (here).

Now, this is what you did, and it has been 23 days, and she has not left. This means you can arguably evict her.

. it was like 23 days notice and only cuz we changed our minds about extending the lease

Whatever is written down has a lot more credibility than anything verbal. If you gave her a 20 days notice, there is a presumption that this 20 days notice STANDS as is, and there is no proof that the mind was changed unless she proves it. Someone in your situation may wish to deny that this happened, or at least, limit disclosure.

With this assumption in place, she can now be evicted.

can i just move her stuff and be done?

I am afraid not. Even as a tenant who has overstayed (called a holdover tenant), a tenant has the right to be evicted, and cannot simply be locked out. Please find the step by step for an eviction here. Again, no notice is necessary if one can show that there was no other understanding reached after the filing of the original notice.

The good thing is that the vast majority of tenants LEAVE once served, or even before, since most do not wish to go through an eviction hearing which may end up on their credit history.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

originally we were going to stay till june but had some problems with the other roommate being dangerous on the 3rd we were going to stay and changed our minds on the 6th then told her. we never said we were staying after that. how long can an eviction hearing take to get? i dont want to pay another month cuz she is being difficult?

Expert:  Ely replied 1 year ago.
K,

Again, remember that whatever was "said" is very hard to prove. It is possible - hypothetically - to argue that she was given 20 days notice and that is it. Then, she overstayed.

how long can an eviction hearing take to get?

About 1-2 weeks from service, normally closer to one week.

i dont want to pay another month cuz she is being difficult?

Technically, you may always leave. If you do so, then she becomes the landlord's problem and the landlord would have to evict her. Of course, this risks the landlord attempting to keep your deposit as punishment for allowing her to stay and 'handing her off' to him to evict. If so, then you'd have to go back to Court to seek the deposit back, stating that you acted reasonably. However, you are responsible for the shape of the apartment after she leaves as she is your subtenant, so there may be a risk some/all of the deposit may be kept due to an issue she causes. Ergo, it is understandable why - due to this gray area - you want her out now.

Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87229
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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