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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27204
Experience:  JA Mentor
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I have been leasing a home in Auburn WA. County years now.

Customer Question

Hi, I have been leasing a home in Auburn WA. King County for four years now. My Lease expired on 1 July, 2016. I just received a 30 Day Notice to vacate on 26 June, 2016, before the end of the lease agreement and to vacate on 29 July, 2016. The Lease agreement was still enforced and is states in the lease agreement that either party must give written notice of 20 calendar days prior to end of rental period. The Washington State Law RCW59.18.200 (1) (a) states the same language. Can the landlord kick me out by the end of this month or did she write up a an unlawful notice to vacate without due process according to the lease agreement and the Washington State Landlord-Tenant Act? I have always paid rent on time and never been a nuisance as a tenant in four years I have been here.
Thank you for your assistance and expertise in this matter.
Terence Murphy
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 3 months ago.

Hi Terence,

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

That notice to vacate is unlawful unless the landlord is alleging some sort of correctable lease violation, like an unauthorized pet or something like that. Your lease will terminate automatically on July 1 (usually leases end at the end of the month, so double check that it's not June 30). But she can't arbitrarily end the lease a couple of days early. She also wouldn't be allowed to make you leave without going to court, and it takes a lot more than 4 days to go to court. If she tries to change the locks or turn off utilities, you can sue her for damages plus a court order letting you back in - plus your legal fees. RCW 59.18.290.

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Customer: replied 3 months ago.
This still doe not answer my question that there is a 20 day notice to vacate prior to the end of the rental period. That means I should have received a notice on 9 June, 2016 not 26 June, 2016 for 30 Day notice to vacate according to RCW 59.18.200 (1) (a) correct?
Expert:  Lucy, Esq. replied 3 months ago.

I'm sorry, I misread the dates. The notice given June 26 is effective as of July 31, because that's more than 20 days prior to the end of the month.

Expert:  Lucy, Esq. replied 3 months ago.

Any notice she gave before July 10 would be enough to end your lease at the end of July. The notice she gave you wasn't enough to make you leave at the end of June, if your lease says she has to give 20 days notice of non-renewal.

Expert:  Lucy, Esq. replied 3 months ago.

Do you have any more questions about this?