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babykatradio · Sep 5, 2008, 07:58 PM

I am writing for a friend that is in the hospital. My friend allowed a person to stay for a few weeks with her in 2003. It is 2008 and the lady is still there in the apartment and does not (nor has she ever) pay rent. She is not on the lease and she is an illegal alien from Canada.
How can my friend go about evicting her without a lot of stress to cause my friend a prolonged hospital stay?
The manager of the apartment building wants her out, but wants to stay within the law.
This is in the state of Washington.
Thank you.

fireandice2007 · Sep 5, 2008, 08:05 PM

That is a tough one. I would recommend contacting a lawyer and asking what laws the state has. Is there any clause in the lease about subletting, or letting people stay? For example, in my lease it clearly states that a guest cannot stay for more than five days without express written consent from the landlord. If I were in the position, my landlord could then revoke permission at any time and the person who was staying and not paying rent would have no legal right. (at least that's the way I understood it). Different states have different laws and statutes. However, the landlord or apartment manager should know what they can legally do...

rockinmommy · Sep 7, 2008, 09:25 AM

Your friend needs to give her a notice to terminate her periodic tenancy. Usually it's a 30 day notice, but check your state's laws just to be sure of the time frame. I would recommend sending a copy by certified mail, return receipt requested, and have someone go over and hand her a copy of if, as well.

Then if she's not gone at the end of the notice period your friend would have to file and eviction case against her. You can call the Magistrate or Justice of the Peace, whoever handles evictions where the property is located (the property manager should know what court to go to) and ask if the plaintiff can have an agent act on their behalf, or if she personally has to appear. The eviction procedure should be outlined in your state's laws, as well.

Normally I'd say you could evict for non-payment of rent, but if she's been allowed to live there for 5 years w/out paying I don't think that would fly if she tried to fight it.