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I need an attorney familiar with WA state laws. I'm living…

Customer Question
I need an attorney...

I need an attorney familiar with WA state laws

Lawyer's Assistant: Has anything been filed or reported?

I'm living in a house I shared with my fiance. There is a criminal no contact order against him. He attorney advised to to draw up a lease agreement and have a friend sign it in an attempt to have me evicted from the house. He owns the home and I have been paying utilities for 5 months. It is my legal permanent residence.

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

Washington

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

It is an active DV case

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
11/16/2017
Lawyer: Olivia Kent, Attorney replied 8 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,963
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

What can I answer for you? I've read what you wrote but I don't see a question listed.

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Customer reply replied 8 months ago
I need to know if what his attorney is recommending is legal.
Lawyer: Olivia Kent, Attorney replied 8 months ago

He could in theory try to do that - and you would then have to go to landlord/tenant court and explain what he's doing. But essentially, since he can't communicate with you he's trying to lease his home to someone else - but he would have to evict you first. In other words, his lease would be meaningless unless he evicts you. The new tenant (his friend) would not be able to evict you. I hope that answers your question. If you don't need any additional information, could you please take a moment to check the box stating that I answered your question so that I receive credit for working with you. It doesn't cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively (3 or more stars). If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Customer reply replied 8 months ago
How am I considered a tenant if there is no current lease agreement, verbal or written? He's already in violation if the no contact order by threatening me, and it seems highly unethical that his attorney recommend this.
Lawyer: Olivia Kent, Attorney replied 8 months ago

there are two options... either you're an owner or you're a tenant. If you're a tenant, he has to evict you to get you out. Does that make sense?

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Lawyer: Olivia Kent, Attorney replied 8 months ago

I want you to understand the legal landscape so you know how best to navigate it...

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Lawyer: Olivia Kent, Attorney replied 8 months ago

There doesn't need to be a lease agreement - if someone is living somewhere, someone else (if they own the property) would have to initiate formal proceedings to get them out. That would be done in landlord tenant court. You would then go there and explain to the judge would he is trying to do...

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Customer reply replied 8 months ago
he would be considered the 'landlord' in this case and u the 'tenant', and tenants cannot be evicted by the landlord if the landlord was the one arrested for abuse he most likely would not fair well in court...
Lawyer: Olivia Kent, Attorney replied 8 months ago

Under the circumstances, he may not fair well. Ultimately, it's a matter of what the individual facts are and presenting them to the judge. Judges are people so they see through a lot of the smoke screens people put up. In any case, he technically shouldn't even be reaching out to you at all if there's a DV order in place (even if he needs to serve you).

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Lawyer: Olivia Kent, Attorney replied 8 months ago

Is there anything else I can answer for you or do you have the info that you need?

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