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poetryhill · Sep 5, 2008, 11:31 AM

I live in Puyallup, WA (pierce county.) I recently broke up with my girlfriend and when I went back to get my stuff, she had changed the locks. I'm still on the lease and expected to pay rent by the 8th. Do I still have to pay rent if the locks were changed? Can she legally change the locks? She sent me an email that I hadn't received by the time I arrived. The email said that she doesn't trust me to only take what is mine and that if I want to pick up my stuff I need to call one of her uncles. Who do I contact? This just doesn't seem right and borderline breach of contract/lease. Thanks for your help.

excon · Sep 5, 2008, 11:43 AM

Hello poet:

This ISN'T your landlords problem (yet), so yes, he's going to be looking to YOU to pay.

However, you've been unlawfully evicted by your girlfriend, and when this all gets sorted out, SHE'LL be the one whose responsible for the rent since you've been gone.

But, until it DOES get settled, you can't do anything to jeopardize YOUR rights. At this point, you might as well contact one of her uncles to make an appointment to pick up your stuff. You can get a cop to accompany you if you think there's going to be trouble. Tell the uncle that.

If they ultimately refuse to let you have your stuff, then you're going to have to sue her. Of course, you're going to have to sue her for the rent that YOU paid since you've been gone, AND the unlawful eviction, so it's a simple matter to add your possessions.

An unlawful eviction judgment will cost her BIGTIME. Collecting it, however, is another matter. But, that's down the road...

excon

ScottGem · Sep 5, 2008, 11:45 AM

If you are on the lease, even if she was your landlord, this constitutes an illegal eviction and you can take her to court. If the actual landlord holds you responsible for the rent, you can also sue her for that amount.

What we need to know is were you both on the lease together with a third part as landlord? Or what was the specific arrangement? How long is the lease for?

As for getting your stuff, arrange with a friend and make an appointment to get it. You could call the police to force your way back in the house. Since you can prove residence and it was illegal for her to lock you out, they should get you in, but it would be better to just arrange to get your stuff when someone is there.

poetryhill · Sep 5, 2008, 11:58 AM

We were both on the lease. The landlord is her mother. The landlord (parents) live in another state. The lease is up and we've been on month to month since it's been up. But in the lease agreement it says we are to give 6 weeks notice to moving out. I never wrote a letter to move out but a friend of hers is for sure moving in on October 1st which is when they are expecting me to pay through. So I probably should have written out that I plan on leaving on October 1st, but I know the friend, and I'm 100% that he's moving in. Should I still type something up that I plan on leaving?

excon · Sep 5, 2008, 12:07 PM

Hello again, poet:

Once you've gotten your stuff, YES you need to send WRITTEN notice. The issue with your girlfriend is separate and apart from any issue you may have with the landlord. The problem is, that BOTH of you are on the lease, so technically BOTH of you need to give notice. I understand that she's going to stay. In your letter, acknowledge that the daughter is going to stay ON HER OWN month to month rental, and you are NOT RESPONSIBLE for the rent after your notice takes effect. Mention too, that you are aware that a new person is moving in, and suggest that the parents enter into a brand new lease agreement with BOTH of them.

That might not happen, and you can't control it anyway. All you're doing is covering your butt in case you are sued by the parents/landlord. Send this letter certified, too.

excon

JustMarried614 · Sep 5, 2008, 12:18 PM

Very good advice here. I would definitely consider bring a police officer with if you think things could get out of hand. That's a good idea

ballengerb1 · Sep 5, 2008, 12:28 PM

Are you the only name on the lease or is she there two? Oops, sorry but I missed your post #4. Tough situation with the in-laws being your landlords, you know which side they are on.

ScottGem · Sep 5, 2008, 12:52 PM

One point we need to clear up. Did you voluntarily vacate the premises? In other words, did you say when the breakup occurred that you were moving out immediately? Can she prove you did that?

poetryhill · Sep 6, 2008, 12:49 AM

Yes. I voluntarily moved out. She could probably prove it. I broke up with her and chose to leave. My main concern is whether I should pay the rent. I called pierce county sheriff's office and explained the situation. The guy I talked to gave me advice to not pay rent. Do you think I should pay rent on the 8th or just not?

ScottGem · Sep 6, 2008, 03:58 AM

Ok, If you voluntarily left and informed her of that fact, then she had a right to change the locks. While I wouldn't try to get legal advice from a police officer, I do agree that you can withhold the rent. However, if she comes after you for it, you may be responsible for paying it. It depends on how much you want to fight it. A judge might rule that, by changing the locks, she was waiving the notice period. On the other hand, she's not the landlord so may not have the right to do that. So I would put the rent aside in case you are forced to pay it.