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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27682
Experience:  JA Mentor
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I have a tenant who has repeatedly come home according to

Customer Question

I have a tenant who has repeatedly come home according to the roommates under the influence of drugs and alcohol. On two occasions she asked repeatedly if one of the other girls wanted some Molly (a bad illegal drug). When this girl said no, over and over, the tenant has said "well, expect it sometime, because I am going to give it to you when you least expect it." Needless to say, this girl, who is my daughter, is completely freaked out. Both exchanges were witnessed by others. Neither my daughter or the other roommate feels safe and I want this girl out now!
We are in Seattle Wa.
Thanks for any advice
Our lease says no illegal substances. My question is...how quickly can I get her out?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If the lease says no illegal drugs, she can be served with a 3 day notice to quit the drugs or vacate the premises. Then she has three days to clean up her act - and if she does it again within 60 days, you can have her evicted under the original notice. RCW 59.18. Unfortunately, that means how fast you can have her out is going to depend on her.

Expert:  Lucy, Esq. replied 1 year ago.

If the lease isn't for a set term, then you can serve a written notice to vacate on 30 days notice at any time. The benefit to that is, there's no defense. She would have to leave, even if she stopped doing drugs.

The eviction process itself can take a few weeks between when you file the Complaint and eventually get a writ of execution.

Expert:  Lucy, Esq. replied 1 year ago.

Your daughter and the other girl can file a police report if the third roommate threatens them and they think she's got the immediate intent and ability to carry out the threat. They can also actually call police if she's using illegal drugs or storing them in the house.

Customer: replied 1 year ago.
I do not want her to quit the drugs, I want her out of the house. She has threatened to hurt my daughter. Can't I serve her with a Notice of Nuisance for posession of illegal substance?
Expert:  Lucy, Esq. replied 1 year ago.

You can, but if she gets rid of the drugs, then the notice expires and she can't be evicted.

Customer: replied 1 year ago.
what about this?
3-day Notice for Waste, Nuisance or Illegal ActivityA waste, nuisance, or illegal activity notice is less common, but requires quick action by any tenant who receives one. Waste and nuisance, in this instance, are terms that indicate a gross offense on the part of the tenant, for example major destruction of the rental unit or an arrest on the property. It may also include criminal offenses, including drug- or gang-related crimes. This notice does not give the tenant the option of complying, but instead requires that the tenant vacate the property immediately in order to avoid an eviction lawsuit. Sometimes the landlord may give a 3-day notice for waste or nuisance when it is not appropriate. Seek legal advice and assistance if you receive a 3-day notice to vacate for waste or nuisance.
Expert:  Lucy, Esq. replied 1 year ago.

You said that she's doing drugs OUTSIDE the house and coming home high though, right?

Expert:  Lucy, Esq. replied 1 year ago.

Or is she actually bringing drugs into the house?

Customer: replied 1 year ago.
Drugs in the house
Expert:  Lucy, Esq. replied 1 year ago.

I'm sorry. I misunderstood.

If you've seen drugs in the house, or your daughter/the other roommate can testify that she has, then you can do the three day notice to leave. On the fourth day, you can file for eviction. You'll have to prove the drugs were there, but she can't stay even if she gets rid of them. It would help if your daughter or the other roommate could also take pictures.

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