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Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16369
Experience:  15 yrs residential & commercial leasing experience.
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I have a roommate that has broken terms of their lease.

Customer Question

I have a roommate that has broken terms of their lease. Failure to pay into the house fund for community items, failure to observe household quite time so others can sleep in the house. Ive read that by breaking terms of the lease that I can give them a 10 day notice to terminate the lease. They have already paid for the month of November. will I be required to return the rent for the month of November. BTW this is in Washington State
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Washington state
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: let me pull up the lease
JA: Anything else you want the lawyer to know before I connect you?
Customer: They have also broken the lease regarding cleaning. I have talked to them several times and have written warning as well that they have signed.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 9 months ago.

Hello there --

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I have reviewed your lease question and can you please tell me how many tenants live there and have you all signed one lease with the landlord? Or are you the tenant on the lease and you leased a room to this person?

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MARY

Customer: replied 9 months ago.
I own the property. I decided to rent out a room in my house, so I live in the building with them as well. There are 2 (couple) both have signed the lease
Expert:  Legalease replied 9 months ago.

Hello again --

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So you are their landlord then? And you are telling me that only one of these 4 people is being disruptive?

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Finally, when does the lease term end?

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MARY

Customer: replied 9 months ago.
you still there marry?
Expert:  Legalease replied 9 months ago.

I am -- I had a few more questions if you look above your last posting. MARY

Customer: replied 9 months ago.
I would prefer to type
Expert:  Legalease replied 9 months ago.

Hello --

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I asked when does the lease term end?

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Is the rent current?

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Is there just one of these people that you want out?

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MARY

Customer: replied 9 months ago.
the lease is month to month. They are currently paid rent until November 30th. They have not contributed to the household fund for mutually used items. It is stated in the lease agreement that I will put $15 a month into it and they will put $15 a month into it. So far they have not put anything into the household fund. I would have both leave.
Expert:  Legalease replied 9 months ago.

Hello again --

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Under the law, you have the right to ask them to leave for not following the terms of the lease / rental agreement. Under this circumstance, where the rent is paid but there are other lease violations, you are required to give them a written notice 30 days in advance of when you want them to leave. You can actually hand them this notice without having to mail it (it is called "in hand" service) but I suggest that you also email it to all of them as well so they cannot deny actually receiving it. My suggestion here is that you give them a written notice to be out by November 30 due to lease violations and disruptions of the household made by the tenant(s). In the notice, you simply have to state what the violations and disruptions are and that it is a thirty day notice to quit the premises. Then, while you do not have to list a date for them to leave, it is always best to do that in the event that they do not leave --- then you can go to your local court on Dec 1 2017 and file eviction paperwork against them (you cannot change locks or use any kind of self help method to get them out because they could sue you for that -- you must use the court and get a date from a judge when they must be out (usually within a few days of the hearing) and then if they do not move you call the local county Sheriff and the Sheriff will remove them from your house).

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Please let me know if you have further questions. If not, can you please press a positive rating above in the star rating section so I will be given credit for my time assisting you this evening. I do not receive any credit from Just ANswer for helping you unless you press the middle star or the fourth or fifth star to the right of the middle star above before you leave the website. THANK YOU VERY MUCH !!

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MARY

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Customer: replied 9 months ago.
read this on a nother website
If you break one of the terms of the rental agreement, the landlord can give you a ten-day notice. (RCW 59.12.030(4).)
Expert:  Legalease replied 9 months ago.

Hello again --

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You are reading the statute incorrectly. What you are referring to is that you can give them a notice to cure before you give them a notice to quit, and if they do not cure within ten days, then you can proceed with eviction. The answer I gave you is one that works if you do not want to give them the chance to cure what they have been doing wrong -- and you simply want them out of the house. In fact, in Washington on a month to month tenancy as you have here, you must give a 20 day notice and you can ask them to leave for any reason or no reason at all and that might be your best bet (if there were a long term lease agreement rather than a month to month agreement, you would have to give 30 days notice). Please see the explanation here -- http://www.tenantsunion.org/en/rights/termination-of-tenancy

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