[seajohn]

Seattle, Washington

1.) My tenant told me that he's "abandoning" his 6 month lease after only one month.

2.) The tenant had 2 friends staying with him and they are still in the unit. There names are listed as "visitors", but they not on "officially " on the lease.

Here is some background:

I rent out a "mother-n-law" 800 sqft daylight basement apt in my house. My current renter just moved to Seattle and has just been in the apartment since mid-July. They have signed a 6 month lease which officially started 08/01.

In early August my renter had two hometown friends come to visit and they decided to extend their stay. My renter asked if they could stay in the apartment. I asked for emergency contact information, picture ID and said yes. Since they were not on the actual lease at the tenants request.

On 09/01 I received a call from the tenant letting me know that due to medical reasons he would be moving back to his home town and breaking the lease starting with September. He said that his friends (the two 'extended stay' visitors) wanted to stay. He then told me that he can not be held to the terms of the lease because he is leaving Seattle due to his recent medical problem.

$180.00 is still due from August rent.

I am not interested in renting to his friends for several reasons. They are not working, I just found out they have had a pet with them the entire time (I have a no pet clause in the lease) and in August they received 3 lease violation notices due to excessive noise.

What recourse do I have with the tenant?

How do I deal with the two people still in the apartment?

Any advise would be welcome... and truly appreciated!

[excon]

Hello sea:

You need to evict them according to WA state landlord/tenant law. We have a copy right here at the top of the real estate page on a "sticky note".

I would be VERY diligent, since you are VERY vulnerable. Washington is VERY tenant friendly, and the city of Seattle is even more so. Plus, I wonder if your basement apartment is legal. If it's not, you've got even more problems.

Let's hope I'm just being cynical.

excon

[ScottGem]

First, I can't find anything in WA law that allows a tenant out of a lease for medical reasons. The only reason the law lists for a lease to be teriminated early is due to a redeployment of someone in the military.

Second, because the two friends are listed on the lease, even as visitors, the safe thing is to evict them.

I would serve notice on the tenant that he has no legal grounds to terminate the lease, but since you are sympathetic to his plight you will allow him out of the lease for one extra month's payment and taking his friends with him.

If he does not agree to this file suit for the unpaid rent. Since the friends are blocking your renting the apartment the tenant will be held responsible for for any rental until you can find a new, acceptable tenant.

If the tenant moves without getting the friends out, then you will have to serve them notice to vacate. If they don't, you will have to obtain a court ordered eviction.

[rockinmommy]

Well, you'll have to follow legal eviction laws for your state to remove them (and the original tenant - even though he's not physically there.)

First, what does your lease say? And second, read your state's landlord / tenant laws. There's a sticky at the top of this forum with a link for each state.

You basically give a 3 - 5 day (could be longer varies from state to state) notice to vacate for non-payment of rent. Then if they're not gone within that time you go the Justice of the Peace, or Magistrate (small claims judge - usually) and file for eviction. A hearing date will be set, they have a chance to show up and defend themselves. Then they'll have a set amount of time to leave before you can file for a writ of possession and have the sherrif escort them out.

Now, my lecture. You really, really need to educate yourself when your owning a rental. ESPECIALLY one that's attached to your own home. For future reference see if there's a landlord association or apartment association in your area that you can join and familiarize yourself with this stuff.

[rockinmommy]

First, I can't find anything in WA law that allows a tenant out of a lease for medical reasons. The only reason the law lists for a lease to be teriminated early is due to a redeployment of someone inthe military.

I forgot about this part...

Personally, I'd do the eviction, get them out, THEN I'd go back and sue the original tenant for whatever remedies the law allows you. You should be able to sue him for the cost of evicting his guests. In addition to any open period before you can find a new tenant. Also sue for necessary cleaning and deodorizing because of the unauthorized pet.