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i rent my home. my 27 year old daughter and her two small

Sent to Legal Experts October 15 2008 at 11:47 AM
   

i rent my home. my 27 year old daughter and her two small children live here also but she pays no rent or bills just buys some food. i cannot take her abuse towards me any more, yelling screaming threatening to kill me if i go into her room to clean. dirty diapers laying around and the smell that comes out is ghastly. i have given her a 30 day written notice but she has informed me that i cannot kick her out and she WILL NOT leave. what can i do and is the notice i gave her legal?

 

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Vancouver, Washington

Already Tried:
all i have done is write out the notice. last year she knocked me into the hot water heater and went to jail overnight. she has a violent temper and i can't have her here anymore.
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Customer (name blocked for privacy)
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October 15 2008 at 11:54 AM (6 minutes and 34 seconds later)
         
i am in vancouver washington
Answer
October 15 2008 at 12:25 PM (30 minutes and 13 seconds later)
         
ACCEPTEDCheck Mark

You must follow certain procedures to terminate a tenancy. To terminate a periodic tenancy such as you have, you must give at least 20 days' written notice prior to the end of the month. This sounds like your situation. If she refuses to leave, I would call the police department and see what they have to say about the matter (as technically she is trespassing). They may say you then have to file a lawsuit in order to physically evict her. It is unfortunate that landlords have to go to such extremes, particularly when you are allowing family to live there.

 

Here is the information from a website...

 

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." (As in most states) Some local housing codes define "just cause" for an eviction and outline procedures that must be followed.

In an eviction based on nonpayment of rent, a tenant may assert any claim for money owed the tenant by the landlord. The tenant's claim (sometimes known as an equitable defense or setoff) must be related to the tenancy, such as the tenant's payment of a gas bill that was the landlord's responsibility under the rental agreement. In eviction actions strict rules and procedures must be observed. Generally, a legal eviction process involves:

  • Proper notice. Before evicting a tenant, the landlord 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.
  • Filing of a lawsuit. If the tenant fails to move out, a lawsuit must be filed to evict the tenant.
  • Entitlement to a court hearing. If the tenant disputes the reasons for the eviction, the tenant is entitled to a court hearing.
  • Sheriff's involvement. If the tenant loses the court hearing, the sheriff 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.
  • Liability for attorneys' fees. In an eviction dispute, the successful party is entitled to recoup costs and attorney fees.



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