Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good afternoon. Actually there are two contractual relationships involved here...the tenant’s with the landlord and the landlord's with the lender. One does not affect the others. The tenant's contract with the landlord is for the tenant to pay the rent in exchange for occupancy. As long as the tenant retains occupancy, the tenant is obligated to pay the rent. Whether or not the landlord uses the rent to pay the mortgage
is not relevant to the tenant's contract with the landlord, but only affects the landlord's contractual relationship with the lender. So, if your tenant failed to pay the rent, your tenant is in default.
You may or may not be able to take possession by July 1 because it depends upon whether or not your tenant leaves voluntarily when you terminate the lease. If not, you need to follow the formal eviction
process to avoid a suit for an illegal eviction. Since your tenant is in default for nonpayment, you can terminate the lease by giving a 10-Day Notice to Quit under Washington law...meaning she must vacate within that period or face formal eviction. Then, if she doesn't leave within that period, you must file a petition for an eviction order. Once that is granted...you can have the sheriff evict her. You may then file a claim against her for all unpaid rent and damages
not covered by her security deposit. Once you get your judgment, you can attach her assets, including bank accounts, and garnish her wages, to collect that judgment. Unfortunately, you must go through the formal process and what you cannot legally do is shut off the utilities
, change the locks, or avail yourself of any other means of “self-help” eviction prior to obtaining the eviction order from the court.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that is was acceptable to simply change the locks and move out her things, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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