I have a person who has essentially sublet a room in my townhouse for 3 months and is not under any written agreement with my landlord. Our agreement is 100% verbal and he has zero documentation to prove he has paid me anything (pays in cash).

At the beginning of the month, we both agreed he would pay me 1/2 the rent on the 1st and other 1/2 on the 15th. He has not paid the remainder of the rent and I want to know how to proceed to remove him.

- Since he is subletting under a verbal agreement, what portion of the RCW59 applies?
- Do I need to serve him with a 3 day 'pay or vacate' notice, since he is subletting?
- Is a subletter treated as a tenant and I as a landlord?

I have thought of calling the police and having him removed as he's threatned me with bodily hard 2 times. He has no proof that he's ever paid me and has no proof that any of his 'stuff' is his... it's an avenue I could go down, if I need to.

Many thanks.

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Originally Posted by mr206

I have a person who has essentially sublet a room in my townhouse for 3 months and is not under any written agreement with my landlord. Our agreement is 100% verbal and he has zero documentation to prove he has paid me anything (pays in cash).

At the beginning of the month, we both agreed he would pay me 1/2 the rent on the 1st and other 1/2 on the 15th. He has not paid the remainder of the rent and I want to know how to proceed to remove him.

- Since he is subletting under a verbal agreement, what portion of the RCW59 applies?
- Do I need to serve him with a 3 day 'pay or vacate' notice, since he is subletting?
- Is a subletter treated as a tenant and I as a landlord?

I have thought of calling the police and having him removed as he's threatned me with bodily hard 2 times. He has no proof that he's ever paid me and has no proof that any of his 'stuff' is his... it's an avenue I could go down, if I need to.

Many thanks.

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You have to evict him. You are the landlord and he is the tenant. A verbal agreement is binding - if you deny the agreement and he claims there is an agreement a Judge will rule which is the truth.

I am not familiar with the eviction process in WA but he is your tenant.

100% agree with Judy. You need to evict him.

IF you can prove the threats he's made against you (like you have witnesses, etc), you may be able to get a protection order, restraining order, etc... which can lead to an emergency eviction or something. But usually there has to be some pretty good evidence. If you don't have actual proof and he states in court that you're just trying to use that to evict him it often just comes across as a squabble.

I understand what you're saying about calling the police, etc, but it RARELY ever goes like that. The cops will show up, you'll have conflicting stories, they'll say, "this is a civil matter - you'll have to take it to civil court", and they're outa there. All he really needs is A piece of mail addressed to him at that address, or ANYTHING pretty minor showing that he has, in fact, resided there.

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Originally Posted by rockinmommy

100% agree with Judy. You need to evict him.

IF you can prove the threats he's made against you (like you have witnesses, etc), you may be able to get a protection order, restraining order, etc....which can lead to an emergency eviction or something. But usually there has to be some pretty good evidence. If you don't have actual proof and he states in court that you're just trying to use that to evict him it often just comes across as a squabble.

I understand what you're saying about calling the police, etc, but it RARELY ever goes like that. The cops will show up, you'll have conflicting stories, they'll say, "this is a civil matter - you'll have to take it to civil court", and they're outa there. All he really needs is A piece of mail addressed to him at that address, or ANYTHING pretty minor showing that he has, in fact, resided there.

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Grrrr! That's what I was afraid of. Well, he's leaving either Thursday or Friday, so the eviction process would be pointless, TBO.

However, I think I'm going to contact the company looking for his vehicle and let them know where they can repo it. <eg>

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Originally Posted by mr206

grrrr! that's what I was afraid of. Well, he's leaving either Thursday or Friday, so the eviction process would be pointless, TBO.

However, I think I'm going to contact the company looking for his vehicle and let them know where they can repo it. <eg>

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If he's threatened you with bodily harm in the past I think I'd skip the call to the repo company and simply wave goodbye and change the locks. Revenge has a way of coming back and... biting people.

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Originally Posted by JudyKayTee

If he's threatened you with bodily harm in the past I think I'd skip the call to the repo company and simply wave goodbye and change the locks. Revenge has a way of coming back and ... biting people.

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Yea, my wife said the same thing. We're also moving at the end of the month and he has no idea where, so I'm not concerned about that and I'm not concerned about him actually hurting me, because I have ample personal protection at home.

As much as it angers me, I know that he's going to fail miserably in the rest of his life and endevours, which is why he asked, no BEGGED to live with us to begin with. That gives me some solice, I suppose.

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Originally Posted by mr206

grrrr! that's what I was afraid of. Well, he's leaving either Thursday or Friday, so the eviction process would be pointless, TBO.

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Just a couple of things come to mind. First, what makes you think he's leaving? Just because he says he is?? I'd see what notice is required by your state laws. There's a "sticky" at the top of this forum with a link for each state. I'd give him a "pay or quit" (also called "pay or vacate") notice. That way if he doesn't leave, as you expect, you'll have the ball rolling.

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Originally Posted by mr206

However, I think I'm going to contact the company looking for his vehicle and let them know where they can repo it. <eg>

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I understand the desire to "get even", or make this person pay in some way... BELIEVE me when I tell you that I've done some really vendictive things that I'm not very proud of over the years. AND they usually wind up backfiring on me!

My thought when I read your comment was, "Hmm, it's going to be a lot easier for the guy to actually move out if he has a vehicle. If his vehicle is repo - ed in the next few days it will be that much harder for him to literally, physically move out. AND if he get ticked at you (or even more ticked) HE might get vendictive and not go, or do something more drastic.



Again, from experience, I can't advise you strongly enough to give him the notice (written, by the way) and just avoid him as much as possible for the next few days and just give him a chance to leave like he's supposed to be doing.

I hadn't even thought of that... he's so poor, I doubt he's going to rent a truck. Of course, how he's going to get his bed and a few other large items out is beyond me.

As much as it annoys me, I'm going to have to just deal with it. But, I am giving him a 3 day notice tonight.

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Originally Posted by mr206

Yea, my wife said the same thing. .

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Your wife is an extremely intelligent woman - :D!

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Originally Posted by JudyKayTee

Your wife is an extremely intelligent woman - :D!

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Ehhhh before you give her that rubber stamp, it was her idea to let him stay with us, when I was vehemently opposed to it and she pleaded with me to let him stay. Damn bleeding heart. I love her for her compassion, but man... this one turned out to be a BIG 'told you so'... she already knows it was a poor decision, so I don't bother waying that, though. :)

Yes, written or not written a tenant is a tenant.

Sorry this one worked out bad, let us know what happens when or if he moves out.