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I received a notice to terminate tenancy because they say I…

I received a notice...

I received a notice to terminate tenancy because they say I prohibited them from entering my apartment. I never receive any notice to enter my apartment in the almost 13 years of living here. I received the notice today and I have until the 31st to vacate. I did mention years ago to let me know so I can put my dog away.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Washington state

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

No

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

I've filed several complaints regarding the lower neighbor pot usuage

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Answered in 12 minutes by:
1/12/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord-tenant question today. I'm attorney Bill offering assistance and support to your question today.

The landlord is alleging a lease violation and giving you notice to vacate based upon refusal of access to repair the property.

You can in certain instances refuse access to the property and the landlord cannot bring an eviction action against you for your rightful refusal of access or in your case when there was in fact no refusal.

Because the notice period is unjustified you can ignore the same and stay in the property and answer any eviction complaint asserting the facts you just stated, that you never refused access and even if refusal alone isn't a condition precedent to the validity of the lease.

Should the landlord engage in a self-help eviction without going through the courts you can sue the landlord in civil court for an illegal eviction.

For further assistance you can get advice from your local housing association.

Furthermore, a retaliatory eviction for your complaints is prohibited .

"

eprisals or retaliatory actions by landlord—Prohibited.

So long as the tenant is in compliance with this chapter, the landlord shall not take or threaten to take reprisals or retaliatory action against the tenant because of any good faith and lawful:

(1) Complaints or reports by the tenant to a governmental authority concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenant; or

(2) Assertions or enforcement by the tenant of his or her rights and remedies under this chapter.

"Reprisal or retaliatory action" shall mean and include but not be limited to any of the following actions by the landlord when such actions are intended primarily to retaliate against a tenant because of the tenant's good faith and lawful act:

(a) Eviction of the tenant;

(b) Increasing the rent required of the tenant;

(c) Reduction of services to the tenant; and

(d) Increasing the obligations of the tenant."

You can sue the landlord under this section if he proceeds with the illegal eviction.

We are here to help, so please follow up with me if you need further assistance.

I'm an independent legal expert and rely on your positive feedback today to get a credit.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS today.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,806
Experience: Attorney
Verified
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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.

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