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I have a second home that I use about ten times per year on…

Customer Question
I have a second home...
I have a second home that I use about ten times per year on long weekends. It is a day ranch and I have a housemate that lives there, in the upstairs full time. She is a 65 yo grandmother who is getting paid by her daughter to do child care. She assured me she would pick up the kids and take them to their house and do the day care at her daughters house. This has not happened. She has turned my house into a childcare facility and the three children are at my house everyday. I live down stairs and it sounds like a parade above and my dog barks every time they hear the kids running and jumping. This is very stressful for me and I do not want to use my home anymore. I did a walk through last visit and in 9 months the house if totally trashed,filthy and damage. The carpet will most likely need to be replaced, the glass fireplace door is broken, the brand new appliances are filthy, and all the white doors, molding,cupboards show extreme excessive wear and tear. The hardwood floors are a disaster. I have a 2 year lease. I want her out, our lifestyles are not compatible, and she is destroying my house. What legal position do I have.
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 1 hour by:
2/19/2012
Lawyer: cfortunato, Attorney replied 6 years ago
cfortunato
cfortunato, Attorney
Category: Landlord-Tenant
Satisfied Customers: 8,023
Experience: Landlord/Tenant attorney.
Verified
Hi JACustomer,
When does the lease expire?
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Customer reply replied 6 years ago
April 2013
Lawyer: cfortunato, Attorney replied 6 years ago

If you do not want to wait until the end of the lease for your tenant to leave, you may be able to have her evicted ahead of time.

You have to give her a written 30-day notice telling her to fix what was broken. If she does not fix what was broken within 30 days, you can pay for the repairs, and add the cost to the rent for the next day the rent is due.

If she does not pay the cost for the repair, you can then commence the eviction process for nonpayment of rent.

You can see the whole process here:

http://apps.leg.wa.gov/RCW/default.aspx?Cite=59.18.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

 

 

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Customer reply replied 6 years ago
This is not what I asked. I wanted to know if I can terminate the lease because my housemate is doing child care of her three grandchildren in my home. She said her daughter was paying her $400/month to do child care and that she would do it at her daughters house. Instead she is doing it at my second home that we share, and making it miserable for me. She says they are visiting and she is not doing child care for the three kids. Yet their mother is not present and is working? We are talking childcare every day. Additionally, she is distorting my home way beyond normal where and tear!!!
Lawyer: socrateaser, Attorney replied 6 years ago
socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,155
Experience: Retired
Verified
Hello,

Different expert here. Please permit me to assist.

If your lease prohibits the use of the property for commercial purposes, then you can evict the housemate for breach of the lease, unless she immediately ceases the violation. She has 30 days to comply, after you provide written notice.

If that doesn't work, because the lease does not prohibit the housemate's child care/commercial use, then you could use the fact that the property is not being maintained in clean condition and that the additional traffic in the house is unreasonably damaging the property. The same 30-day notice applies.

For a reputable landlord-tenant lawyer referral, see this link.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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Customer reply replied 6 years ago
The question is, given she is getting paid to do child care is this considered a commercial business. As I stated she now claims the three children (4,6 & 7 yo) are just visiting every day, while the parents are at work. Above and beyond that they are impacting my quality of life and creating so much stress for me, with the noise I do not want to use my second home, and they are destroying my property.
Lawyer: socrateaser, Attorney replied 6 years ago
If the children are not family relations, then they are not just "visiting." The tenant is engaged in daycare for profit. That is the essence of commercial activity.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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Customer reply replied 6 years ago
Is anyone reading what I am writing? These are her grandchildren, I have said it in every response. She is getting paid to watch them. But now she says they are just visiting every day. They are making my life miserable and destroying my house. Is there any recourse. I have asked her to not do day care that is when she started saying they were visiting. On her lease she lists $400 per month from her daughter. She assured me before moving in This child care would be at her daughters house not mine!!!! She is also refinishing furniture and making jewlwery for sale. Most important is will I get sued if I have here leave given the request that she not do childcare in my home?
Please read the question before answering
Lawyer: socrateaser, Attorney replied 6 years ago
If she is declaring the income as part of the lease, then the transaction is commercial, regardless of the familial relationship. Moreover, jewelry making and furniture refinishing are each commercial activities.

Even if it were not commercial activities, you claim that the property is being subjected to unreasonable wear and tear, which is sufficient grounds to terminate the lease. A tenant's statutory duties are provided by RCW 59.18.130. It seems to me that there are several subsections that you can use as grounds for lease termination.

Re your being sued, anyone can sue anyone else. I don't see grounds for your tenant to sue you, but I can't control what your tenant may do to try to protect herself.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser
socrateaser, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,155
Experience: Retired
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