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Landlord gave an elderly disabled lady an eviction notice…

Landlord gave an elderly...

Landlord gave an elderly disabled lady an eviction notice due to the owner having no insurance or liability on the place. Withen the last year or so the son got the property from his parents a year or so ago. The disabled lady has been in the home for ten years or so taking care of the property and has a caregiver who also lives on the property in a trailer is evicted. The son's mother lives in a separate house on property has dementia and her neice who takes care of the owners mother, both can stay in their house and there is no insurance or liability in the house they stay in. What rights does my friend have as to not get e icted or what can she do. It's not right or fair.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Washington State. The owner lives in California.

Lawyer's Assistant: Has any paperwork been filed?

Yes. A twenty day notice to terminate residency. An attorney sent it to her. It was hand delivered by a man on the eighth and termination to be out is on the31st of December.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has never had a lease in ten years living on property and given a rental agreement a month ago to fill out and had her put her vehicle plate number and make and model on the rental agreement.

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Customer reply replied 4 months ago
My friend said signed property over to her son to stop creditors from taking the property in the last year.
Customer reply replied 4 months ago
She has been caretaker of the property for ten years by herself before anyone else moved on to it. Even before the son's mother who was owner at the time. Paid the owners mail box sent her mail to Alaska where previous owner lived at the time. Evicted people out of house because of drugs. Repaired roofs, demossed them. All with using her own money and not reimbursed. All this for at least ten years prior to anyone else living on property. The previous owner, the son's mother had asked her to move on the property over ten years ago to watch the property as to which she did instead of moving somewhere else and watching it.
Answered in 26 minutes by:
12/10/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,032
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Unfortunately, if the son is now the legal owner of the property, and the tenant is not under a fixed term lease, then the son, who is now legally the landlord, can terminate the tenancy regardless of how long the tenant has lived there even if she has a disability.

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Under WA law, a landlord can terminate any month to month tenancy with a written 20 day notice delivered to the tenant. The law does not require the landlord to provide any reason.

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If the tenant doesn't vacate within that 20 days, then the landlord would have to file a formal eviction action in court to get a judgment and a writ of possession that the sheriff would then execute to force the tenant to leave. That takes about a month after the 20 day notice expires.

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So while it may be unfair and unjust for the landlord to terminate her tenancy and evict, legally they can do so because a month to month tenant doesn't gain any rights to remain on the property unless they have a written fixed term lease..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister

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Customer reply replied 4 months ago
Thank you so much for your help.

You are very welcome. Glad to help any time even though the news was kind of lousy..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

Ask Your Own Landlord-Tenant Question

Did you have any further questions I can help with?

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thanks

Barrister

Ask Your Own Landlord-Tenant Question

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,032
Experience: Attorney over 17 years, landlord 26 years
Verified
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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,032
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Experience: Attorney over 17 years, landlord 26 years

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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