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My husband and I have a rental property in County. Two weeks…

My husband and I...

My husband and I have a rental property in Clark County Washington. Two weeks ago I drove by and there was a large RV in the parking lot. I drove by again and took a closer look. It is definitely hooked up to electric- sewer and water and so someone is living out of it. I checked with code enforcement and it is in violation because there is no permit. There is nothing in our lease that references RV's but we clearly state that only the 2 adults listed on the lease are allowed to live there. I might be ok with them leaving it there if they get a permit but I would assume we could charge more rent. What is the best course of action to take?

Lawyer's Assistant: Can you tell me what state this is in? And do you know who owns the lot?

As stated above it is Clark County Washington (WA State). My husband and I own the rental house they are living in and the lot the house they are renting and the yard/ lot the RV is parked in.

Lawyer's Assistant: Has any paperwork been filed?

What kind of paper work?

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

I guess not

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Answered in 1 minute by:
1/17/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,774
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. Have you spoken with the tenant about this and asked what is going on?

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Customer reply replied 6 months ago
No not yet. I wanted some advice about the best course of action. I feel confident about informing them that having the RV that someone is living out of without having a permit is in violation of code enforcement but not sure if I should also remind them that they are also in violation of the rental agreement because they have more people living on the property than they are suppose to. Is it best to call- email- send a written notice or what?

Yes, both of your arguments are proper. They can not be in violation of code and if they are, you can demand they correct it or risk being evicted. Moreover, if they have more people living on the property than allowed, they would be in violation as well. Using both these things, you can speak with them over the phone and advise they can either remove the RV and occupants, as they are not allowed there OR get the proper permit, they can stay BUT you are going to increase the rent, because of the occupants. If they refuse, you can demand they remove the rv and people or else you will evict and sue.

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Customer reply replied 6 months ago
Sorry that is(###) ###-####not(###) ###-####

It appears there was an issue with payment on the call, so please call customer service when you have a chance.

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Customer reply replied 6 months ago
OK thanks- that sounds good- My credit card company called and said you were trying to charge $5- $40 and $59. I don't think I need phone consultation so I do not want to pay the additional $59.

Not a problem and we can stay online

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Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 6 months ago
I think I am ok- I will contact the tenent and go from there Thank you.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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Customer reply replied 6 months ago
Followup question. I have called and texted and they are not responding. In the text I told them they are in violation of code for the RV and in violation of the rental agreement and they either needed to move the RV immediately or get a permit and we will ask for increase rent to cover the additional occupants. So my question is how long do we give them to respond before we take action? I guess eviction is the next step or is there something else we should do?
Great to hear back from you and I would be happy to respond. I just kindly ask that you rate my help at the top at this time just so the site provides me with the proper credit. Afterward we can continue to chat online and I can answer the follow ups related to this. Thank you for understanding.
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,774
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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RealEstateAnswer and 87 other Real Estate Law Specialists are ready to help you
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Thank you and please allow me a moment

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You can give them a 10 day notice to cure or vacate and if they fail to act and communicate with you, proceed and evict thereafter

http://washingtonlandlordtenant.info/10-day-notice-to-comply-or-vacate.pdf

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Customer reply replied 6 months ago
ok thank you!

You are welcome

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Customer reply replied 6 months ago
Followup question: We did the 10 day notice to comply or vacate on the 2 issues. They did move the RV. We also gave 48 hrs notice to do a walk through. We tried to open a coat closet and they went crazy accusing us of invading their privacy et. We also tried to look behind the shower curtain on the tub/shower and they would not allow it. Are we within our rights to open closets and look into the tub?
There would be nothing wrong with either if you had a good faith basis to look and inspect. The shower is easy since you want to check for possible mold or crack etc. As far as eve closet if they had things in there they could object until they vacated unless you needed to check for something like a leak or the door was damaged.
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Customer reply replied 6 months ago
the shower is fine. I didn't understand your answer. Is it legally ok? She claims we are violating her privacy. We are not going through her dresser drawers. Its just a coat closet. Based on her severe reaction we feel she is clearly hiding things she doesn't want us to see.

You have a right to inspect the home and areas. There is nothing wrong to open a closet door, to make sure it is not broken or that there is nothing inside on the walls such as mold or water damage from a leak.

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Customer reply replied 6 months ago
We received this certified letter from our renters... The first date (June 3) we stopped in to introduce them to my husband who was not present when we did the rental. We did not go in the house. We asked the younger woman if she needed help trimming the bushes and she said that would be great and he said he would be back the next day. When he arrived the next day (June 4th)- the older women was there and told him we had not given 48 hr notice to go on the property and that they did not need his help. July 23rd we gave a 48 hr notice to do a walk through on July 25th via text message. January 21st my husband delivered the 20 day notice to comply or vacate and a 48 hr written notice to do a walk through on the 23rd. She seems to be confusing the requirement to enter the house with entering the yard and drive way. I assume we are allowed to enter the property any time we need to but have to have 48 hrs notice to go in the house. Is a text message sufficient for written notice to do a walk through. What is considered excessive. It has been 11 months and this is the extent of when we have been on the property. Is there such a thing as fining a landlord for "violating a tenants right to privacy?". I am sure we are not violating their right to privacy. Should we respond to this or just ignore it? If they don't pay rent what are the next steps? How late can the rent be before it is considered late? Thank you!

Good evening and great to hear back from you. The site does require this to be posted as a new question and you can request me and I would be happy to respond. Thank you for understanding.

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Customer reply replied 6 months ago
ok - how do I do that? How do I request you?

When you post it as a new question, it allows you to request me

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Customer reply replied 6 months ago
should it be real estate law or landlord- tenant or does it matter?

Does not matter.

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Customer reply replied 6 months ago
I reposted but it went to someone else. I asked him to send it back to you.

Thank you and I just saw it and responded.

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