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I am the co-owner of a house lived in by my daughter in

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I am the co-owner...

I am the co-owner of a house lived in by my daughter in Vancouver, Washingtom. she has a tenant who signed a 3-mointh lease on October 2, 2017 and she gave the tenant a 30 days notice that she would not renew the lease. The tenant is claiming she does not have to leave until January 5 as she move in October 5. My daughter does not want to convert to a month-to-ninth as tenant does not pay on time, ha not paid for utilities, etc.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

She just wants her to leave when the 3 month lease is up. The house is in Vancouver, WA

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

A 3 month lease with an option for month-to-month, but my daughter does not want to extend a month-to-month

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

What would constitute harassment? This tenant is out of control.

Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/21/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,478
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks for your patience on this. So, if you have a tenant that is not moving out by the time you stipulate as the landlord, then they're considered a holdover tenant. A holdover tenant cannot be removed physically from the premises unless you have a court order. What you wold have to do is you would have to sue them in court through an unlawful detainer action. This means you would get a court order that is then enforceable by the sheriff or the state police. The tenant will have a chance to appear at a hearing with you and your daughter to contest the eviction, citing that she is not supposed to be out until 1/5/2018; however, if you have evidence that the agreement was only good through a date before that, but the tenant refused to move, the judge will find in your favor. What other questions did you have for me regarding this?

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Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 7 months ago
I do not want to text can I respond via email
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Oh that's no problem. Did you get a chance to see the answer to your question?

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Customer reply replied 7 months ago
I don't want to text!
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, I'm sorry, but unfortunately I'm not able to email you. Unless you accept a premium service, we have to use this chat feature to go back and forth with one another.

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Customer reply replied 7 months ago
The question is what is the legal start date on A lease. If it is signed by tenant on oct 2? For a 3 month lease is it over on Jan 2 . She claims it is Jan 5 as she moved in on oct 5
Lawyer: Legal Eagle, Lawyer replied 7 months ago

The legal start date is technically going to be the date that the two parties agree. Based on what you provided, it seems as if the tenant may be within their rights because the first 30 days would not pass until 11/5, 60 days passes on 12/5, and 90 days (3 months0 passes on 1/5.

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Customer reply replied 7 months ago
Agree to what? She signed on one day and moved in later. What is legal definition of beginning of a lease?
Customer reply replied 7 months ago
Ok, I can type into this. I cannot stand to type into my phone. So the question is when does a 3 month lease begin and end and if she gave 30 days notice that the lease wouldn't be extended, she needs to leave by the end of the leas, but I am trying to determine what that dat is.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

It's the date that both parties agree that the tenancy technically starts. For instance, I signed a lease for my law office back in June, but it did not become effective until September 1st. So, my agreement runs from September 1st for six months until February 28th (6 months)

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Customer reply replied 7 months ago
There is only one date on the lease, the one she signed and it says Oct. 5. She didn;t move in until the 5th which is her decision. They DO NOT AGREE! the tenant claims she can stay until Oct 5, 90 days after she moved in. My daughter believes 90 days is up from the date of the signing. What is the legal definition?
Customer reply replied 7 months ago
meant Jan 5, 90 days after she moved in
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see. Did she have a chance to move in on 10/2?

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Customer reply replied 7 months ago
she decided to move in on that day and could have moved in the day she signed.
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see. So, then the court is going to probably consider the tenancy to have started that day (10/2) and will end on 1/2/2018, unless the written agreement stipulates otherwise. Did you have any other questions for me today?

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Customer reply replied 7 months ago
is a court order complicated? What is the first step?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

It's not normally complicated. Filing a lawsuit is relatively simple, but there are some specific steps you must follow. Generally, you will want to begin with drafting up your complaint on 28-line pleading paper. You can usually get 28-line pleading paper as a Microsoft Word template or just looking online for a free copy of one. I usually recommend that you begin with a brief introduction and then start a new heading with a new paragraph where you lay out the facts. Once you are done laying out the facts, create a new heading that provides your legal analysis. For example, you could say that a breach of contract (like failing to comply with an eviction notice) occurs when someone fails to fulfill their obligation in an agreement. It doesn't’t have to be very long, but something that explains what your legal authority is to bring the case. After ward, you will want to have your “Prayer for Relief” as a separate heading and then you put in what you want (e.g. amount of money you want). Make three copies of this.

Once you do that, you should either look online or go to the courthouse to find out if there are any specific forms you must fill out. Many county courthouse require specific forms depending on the cause of action that you have and they’ll reject it if you don’t have the right forms. If you can get three copies in advance of going to the courthouse, do so and attach them to your complaint.

Once you fill out the forms and you have your complaint, you should go to the courthouse and file them. Most lawsuits require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when yo uare suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Finally, there’s the discovery process where you can ask the other party for documents and even take statements from witnesses (these are called depositions). If you can’t reach agreement, then you go to trial.

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Customer reply replied 7 months ago
Thank yiu
Lawyer: Legal Eagle, Lawyer replied 7 months ago

You bet. When does your daughter have the move out date set for currently?

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Customer reply replied 7 months ago
It was a 3 month lease but I don't have it. She is sending it to me
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. I think that if you ay have to wait at least until 1/2, which is not that far away. Hopefully, the tenant will just leave and you won't have to go to court, but just know that if she doesn't leave by 1/2, you have the right to have justice served. Did you have any other questions for me at all today?

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