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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am being evicted reason at all except he wants to

Customer Question

I am being evicted for no reason at all except he wants to remodel the apt. Im 64 and extremely disabled and have no where to go. now he's trying to accuse me ofbringing in the meth element. most of the tennants are addicts of of one drug or another.If I didn:t talk to them, I,d have nobody to talk to! I have lots of things that I have collected over the 13 yrs. that I have been here and have nowhere to put them.my email address is [email protected] com what do I do? i have nowhere to go and have never been evicted? i have diabetes, several surgeries on my back and neck andtwo on my hands 1 on my wrist and elbow, a large one on my jaw and i also have diabetic neuropathy which burns and hurts all of the time. i do not cause any trouble and spend most of my time in my apt cuz I dont walk well. Sorry for the mistakes. what do I do now? the sheriff hasnt posted me yet
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am very sorry to learn of this situation.When you say that your landlord is evicting you, does this mean they have served you with a notice to quit? (if so what type?) Have you been to court?An excellent guide for tenants is the Washington Legal Aid site - it gives you information as well as as documents to assist you in this matter: http://www.washingtonlawhelp.org/resource/eviction-and-your-defense (Many jurisdictions also have local legal aid services that can assist tenants facing eviction - you can contact your local bar association and ask for referrals to see if your county or city has one).As far as new housing options, do contact your local county housing authority. Let them know that you are facing eviction, and that you are in urgent need of housing - they give priority to individuals facing eviction, and those suffering disabilities or those that are elderly. "Eviction" is a word that is often misused and it leads to a lot of confusion, to help, here are the steps in terminating a tenancy:Terminating a tenancy-1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property). 2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge. 3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction." 4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").
Customer: replied 1 year ago.
tHING ONLY THING i HAVE DONE WRONG IS THAT I HAVE FURNITURE IN MY BEDROOM ANDSLEEP IN THE LIVING ROOM. I THOUGHT THAT AFTER HE SERVED ME WITH THE INITIAL NOTICE, HE HAD TO SEND ME ONE IN THE MAIL ALSO, THE PROPLEM IS THERE WAS A FIGHT BETWEEN A FATHER AND SON. THE SON IS A TWEEKER AND THEY WERE BOTH IN MY APT WHEN THE FIGHT STARTED AND THEN PROCEEDED TO THE HALLWAY AFTER I ASKED THEM TO LEAVE. 2 DAYS LATER I GOT AN EVICTION NOTICE.SO TELL ME, AM I SCREWED????
Customer: replied 1 year ago.
IS THAT IT?
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,Without knowing all of the details of your case (remember, the very specific facts of your case are what govern the eviction - but if law enforcement was called to your unit, that often triggers a specific clause in residential leases that permits a lease termination "for cause" - but again, this depends on the specifics of your written lease and the facts as presented).But more importantly, it depends on the procedure your landlord followed. You are entitled to have the opportunity to go to court and defend the action (even if you might ultimately lose - you still get to go to court and defend the matter, which can even give you more time in the unit before an actual eviction occurs - see my note above about the general timeline and procedure).If you have not yet been served with a summons and complaint for the unlawful detainer, you still have some time.If you were already served with the summons and complaint, but you did not appear in court, the landlord would likely have received a "default judgment" against you, which would lead to the judgment of possession and then an eviction (which does mean that the sheriff can evict you very soon).
Customer: replied 1 year ago.
NO LAW YET AND I REALLY DONT HAVE #59 IF I HAVE TO LEAVE. ABOUT HOW LONGL DO i HAVE TILL COURT?
Customer: replied 1 year ago.
WHAT DO YOU GUARANTEE FOR $59
Expert:  CalAttorney2 replied 1 year ago.
The landlord has to serve you with a summons and complaint (see above).Also use the link I provided to you above - that has much more detailed (and specific to WA state law) information on the process that the landlord must follow. If the landlord does not follow these procedures (and doesn't get a judgment), the sheriff will not do anything (they won't have a judgment to enforce).Unfortunately, I'm not sure what offer that you have received from the forum, if you have received an offer for "Premium Service" that is for other services beyond this chat forum and I would refer you to our Customer Service for information on the scope of your subscription and what exactly the offer was that you received.Customer Support: http://ww2.justanswer.com/help
Customer: replied 1 year ago.
TO TELL THE TRUTH, I ALREADY KNEW MOST OF THIS. I WANT TO KNOW IF HE IS SUPPOSED TO SEND THE NOTICE IN THE MAIL TO ME ALSO, I READ THIS THE OTHER NIGHT AND WANT TO KNOW IF ITS TRUE AND IF HE CAN 86 ME IN MY CONDITION,
Expert:  CalAttorney2 replied 1 year ago.
He can enforce his rights as a landlord (assuming that there is a basis to evict you - which is a fact specific question (meaning something that has to be determined in court if there is a dispute over whether or not you actually violated the lease).But you must be personally served with the "summons and complaint" to start the actual court procedure. This is different from the "notice to quit" (this can be confusing which is why I tried to outline the process above and emphasize the difference between the first "notice to quit" and the second "Summons and complaint" (which starts the court proceeding).
Customer: replied 1 year ago.
I GET THAT NOW, CAN I WRITE U TOMORROW? WOULDNT IT BE MORE TIME EFFECTIVE TO TALK INSTEAD OF CHARGING $59 TO HEAR THE SAME THINGS AND WASTE THIM TYPING?
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,You can follow up tomorrow on this thread or in a new question. But I do not participate in the phone call program for the site, however, if you wish to have a phone call with an attorney, you can post a request for "premium services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions. (If you have questions about these additional services, you can contact our customer service at: http://ww2.justanswer.com/help)
Customer: replied 1 year ago.
THANKS WILLIAM, BE TYPING TO YA.
Expert:  CalAttorney2 replied 1 year ago.
Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.Thank you again, and again I wish you the best.Bill

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