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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55593
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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So I moved into to a apt. That my roommate had advertised for

Customer Question

So I moved into to a apt. That my roommate had advertised for rent. I havr been paying him rent for three months now but this month he decided to just go and spend the money and we got a pay or vacate notice. But he is a Marine and because its against the rules for him to get the notice he is being restricted to the base and now the landlord is telling me that I have to be out by tonight cuz im tenchically not on the lease and wont let me pay the rent either, when I was only informed of all of this yesterday afternoon.and saying if I'm not out by 7pm tonight that I will have criminal proceeding, criminal tress pass. Is there anything I can do I just need a few days at least to find a place to go? Can they actually kick me out like that?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
You need not worry. Just stay where you are. He can force you out that quickly even if you are not on the lease. You have much more time before they can make you leave. You are considered an "at will" tenant, which is treated legally as a month to month tenant. As such, you must be given at least 30 days written notice to terminate your tenancy. Then, if you do not leave, the law does not allow the landlord to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, the landlord cannot simply change the locks or throw your things out. Rather, under Washington law, what the landlord has to do is to then deliver a 10-Day Notice to quit...which basically says you have 10 days to leave or face eviction. But, if you still have not left, the owner must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the owner have you evicted. That will buy you a good bit of time. So, if the landlord takes any action to force you out without following the foregoing process, let him know you'll be the one calling the police for an illegal eviction. :)
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Customer: replied 2 years ago.
They already came and changed the locks this afternoon is another problem. So does it make any kind of difference if it has to deal with military housing and such?
Customer: replied 2 years 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.
Expert:  Richard replied 2 years ago.
Thanks for following up! I'm so sorry for the delay..I was on the phone with another customer. The military factor is a non-issue with regard to landlord tenant law. And, if they changed the locks, they have conducted a constructive eviction which is illegal. That will entitle you to actual damages...cost of room and board elsewhere during the period which you would have been legally entitled to occupy the property...and punitive damages due to their intentional misconduct.
If you would like to discuss this further by phone, I can do that for you through the Additional Services option offered by JustAnswer. If that would be helpful, let me know and I'll extend that offer and you can then decide whether or not to accept. Fair enough?
Customer: replied 2 years ago.
Please call me
Expert:  Richard replied 2 years ago.
I will extend that offer to you now. You should receive it shortly. I look forward to helping you with this.