[vcarterm16]

Hi,
I'm a homeowner in Washington state who is renting out one bedroom in my house. I wrote up a rental agreement, month to month, with a specific set of monies due. First and last months rent plus 250 pet deposit. She has only paid $500 for the first months rent.
She agreed to pay $250 pet deposit on the 6th and the last months rent on the 20th of August.
It is now August 16. I learned yesterday she has been fired for stealing money. It's not likely I wll be able to collect any more money from her so... I want her gone. She has already violated the rental agreement by not paying the 250 by the 6th(ten days ago).
May I tell her to leave at the end of the month? She has only paid for this first month of August.
If I tell her to be out in 2 weeks, then set her belongings in the yard and change the locks, will I be breaking the law? I know she already has a lawsuit started on her employer (in one day!).

Should I call her employer and ask their verson of events? I strongly suspect she was given her 2 weeks notics of being fired before she moved in.

Any advise would be appreciated,
Vickie
Ps, should I do it in writing? Is there a form I can use?

[XenoSapien]

"If I tell her to be out in 2 weeks, then set her belongings in the yard and change the locks, will I be breaking the law?"


I'm unsure exactly if you will be breaking the law, but I'd do it. Make her take you to court. Organize your paperwork, too.

XenoSapien

[bwolf40]

Vickie,
You shouldn't have anything to worry about anything if the person violated the rules on the agreement. I would wait until the 20th to see if she comes up with all of the money. But if she doesn't, then I would evict her. By the way... who told you about her creating a lawsuit on her employer? If it was her who told you that, then she's probably trying scare you so you don't kick her out. Also, if she has steal money from her work to make extra cash, then she's probably not responsible enough to pay her bills on time. The longer you have her stay there, the miserable you're going to feel about the situation.

Ps- you shouldn't have to make a written form because you already have the initial form about the rules. If she violates them then kick her out.

[Sochling5]

Usually, at least in the city I work for, you would be able to go down to the courthouse and have her formally evicted. You might be able to call your local police dept. and ask them the correct steps to take. Anyhow, if she hasn't (or doesn't on the 20th) pay you she's up a creek and you're in the clear to take action.

Personally, if someone called our dept. and said that the landlord had changed the locks and put their stuff in the lawn we'd deem it a civil matter, i.e. it'd be between them and the landlord.

[vcarterm16]

Thank you very much for your help. My gut feeling tells me everything she has said is a lie (about MANY issues). I just called her employer and he denyed he fired her for stealing.
My intinct tells me she is bluffing with the lawyer threat. How many lawsuits can an unemployed person handle at one time? I think the letter of the law requires 30 days notice. Here is a draft of the letter I will hand her tonight (aug 16)

Notice to vacate premises
August 16 2007

This is formal notice for *** ****alias *** ******** to vacate the home at***sw ***st Seattle WA ****.

Reasons:
Non payment of move-in monies agreed upon in rental agreement (thus voiding the agreement).
Unsanitary condition caused by cats defecating on furnishings.
Unpleasant odors permeating the home from animal waste.
Damage caused by animals with an unpaid pet deposit.



Options:

1. Leave by Aug 31 2007 before 5 pm and owe nothing more

2. Pay $250 + the $250 pet deposit +$ 48.38 for July 29-31
By Aug 29 and stay until Sept 16 2007. A total of 548.39 in cash is due by Aug 29 or the tenant must vacate by aug 31. If the $538 is paid the tenant must vacate on Sept 16.
The pet deposit may be partially refunded depending on the extent of damages.


********** S. *******


Basically I just want her gone. Perhaps threatening to collect money (she already OWES) will have the desired effect of getting her out by aug 31. We do have an eviction party planned and my friends will all be at the house to proved some safety backup. My family will stay with me constantly (my son is 6 foot 5) for protection. It really is a scary situation for a woman living alone.
Thanks again
V

Vickie,
You shouldn't have anything to worry about anything if the person violated the rules on the agreement. I would wait until the 20th to see if she comes up with all of the money. But if she doesn't, then I would evict her. By the way... who told you about her creating a lawsuit on her employer? If it was her who told you that, then she's probably trying scare you so you don't kick her out. Also, if she has steal money from her work to make extra cash, then she's probably not responsible enough to pay her bills on time. The longer you have her stay there, the miserable you're going to feel about the situation.

ps- you shouldn't have to make a written form because you already have the initial form about the rules. If she violates them then kick her out.

[ScottGem]

First, You say you wrote up a rental agreement. Did you both sign it? If so, you CANNOT change the locks and put her things out. If so, she can sue you and win. You have to go through formal eviction proceedings. To be safe you should do so anyway.

You can find a link to Washington State laws at the top of this forum. You need to follow whatever procedures are required by law to evict her.

By the way you should NOT have called her employer. That may come back to haunt you.

[Fr_Chuck]

Scott is right. If you have a rental agreement and some rent was paid. You will have to do a formal eviction. You can not just sit her stuff out, if you do, you will be paying it to her back after she sues you.

[XenoSapien]

ScottGem, I agree totally with you that she shouldn't have called the employer. But come on man, she's got the documented evidence! Logic suggests that the tenant is not going to have the funds to fight in court, and likely it won't be worth it for her to do so.

Albeit a gamble, the landlord needs to secure her interests, and free up the rented room. This tenant is up the creek without a paddle and virtually no boat!

XenoSapien

[ScottGem]

ScottGem, I agree totally with you that she shouldn't have called the employer. But come on man, she's got the documented evidence! Logic suggests that the tenant is not going to have the funds to fight in court, and likely it won't be worth it for her to do so.

Albiet a gamble, the landlord needs to secure her interests, and free up the rented room. This tenant is up the creek without a paddle and virtually no boat!

XenoSapien

Please explain to me what bearing the reason she was terminated or even the fact of termination has in this situation! The landlord wants her out. She violated the terms of lease before she was moved in. It's a month to month lease so the landlord can terminate it at any time with proper notice. So there was no reason to call the employer and her employment status had no bearing unless he was willing to let her remain as a tenant. The landlord was not securing any interest, but simple invading the tenant's privacy.

Sorry my friend, you aren't thinking the situation through.

[XenoSapien]

Please explain to me what bearing the reason she was terminated or even the fact of termination has in this situation! The landlord wants her out. She violated the terms of lease before she was moved in. Its a month to month lease so the landlord can terminate it at any time with proper notice. So there was no reason to call the employer and her employment status had no bearing unless he was willing to let her remain as a tenant. The landlord was not securing any interest, but simple invading the tenant's privacy.

Sorry my friend, you aren't thinking the situation through.

Reasons for termination:
Reasons:
Non payment of move-in monies agreed upon in rental agreement (thus voiding the agreement).
Unsanitary condition caused by cats defecating on furnishings.
Unpleasant odors permeating the home from animal waste.
Damage caused by animals with an unpaid pet deposit.

As it was pointed out, let the tenant have the time to pay the money owed by the landlords' chosen date; which is fair: two weeks. If the tenant can't do it, she's violated the lease agreement. This is proper notice to the tenant.

Again, I'm in your corner about her calling the employer of the tenant. This was a poor choice, and the landlord better hope this doesn't surface in court. Yes, that can be construed as invading the tenants privacy, and I agree with you ScottGem that that act was wholly wrong.

I actually have thought this through. Please reconsider your condemnation of my perspective. The landlord has her 'ducks-in-a-row' with the lease agreement, the signed documents by the tenant, and provided that the tenant does not conform with the landlord's plea to have monies paid by the end of the two weeks, should then have most sufficient data and 'ammo' for the judge.

XenoSapien

[ScottGem]

Xeno,
You have confused me here. There is no question the OP can evict her.
There is no question he can just terminate the agreement, he doesn't even need grounds. The only question here is the timing. The OP just has to follow the law in giving notice. So where do we disagree? What did this comment ("But come on man,. ") mean? It sounded like you were disagreeing with my comment about calling the employer. Hence my response. But if we don't disagree then I don't understand that comment.

[XenoSapien]

"you CANNOT change the locks and put her things out."

I guess it was this statment; my response "Albeit a gamble...". I don't think we disagree on this one, but I'm wrong for suggesting a gamble by her changing the locks. I just had a hunch that the old tenant wouldn't pursue the landlord for doing it, based upon her already nasty legal trouble.

Were on the same side on this issue. :)

XenoSapien

[ScottGem]

This goes back to the other issue about tresspassing. A landlord cannot, in any jurisidiction I know of, interfere with a tenant's access to the rental premises or their personal property without a court order. Since she has a lease, even though she violated it, he has to go through the proper legal channels to oust her.

[rockinmommy]

First, I just wanted to concur (with whoever) that the landlord legally would need to give a "Notice to Vacate", "Notice to Pay or Quit, whatever is required by Wash. State and/or the written lease agreement. After the proper amount of time has passed landlord can then proceed with eviction proceedings through their local Justice of the Peace. Just putting someone's stuff out on the curb, though tempting, is asking for major trouble!

Second, as to the debate about calling the tenant's employer... I have no way of knowing if the landlord in this situation had the tenant sign anything allowing her to verify the person's information, but that's what we do. Our Rental Application contains the following paragraph:

I certify that all the information given above is true and correct and understand that my lease or rental agreement may be terminated if I have made any false or incomplete statement in this application. I authorize ########## to verify by all available means the above, including reports from consumer reporting agencies before, during and after tenancy on matters relating to my lease, and income history. Work history information may be used only for this Rental Application. Authority to obtain work history information expires 365 days from the date of this application. I understand that my Security Deposit is non-refundable at this time, as it is being used to hold the rental unit for me. Upon signing the lease my Security Deposit will be handled in the manner specified in the lease agreement.


Date _________ Applicant __________________________________________________

[ScottGem]

Second, as to the debate about calling the tenant's employer..............

Hi Karla,
I think you are missing the sequence of events here. I agree, the landlord, even without that clause, would not have a problem if he called to verify employment PRIOR to the tenant moving in or signing the lease.

But I don't believe that was the case here. If you re read the original postid, the OP "heard" she was fired for stealing money and she was suing her employer about it. He wanted to know if he should call the employer to verify that. But that is none of his business. Why she was fired and whether she is suing the employer is none of the landlord's business. The only thing that should concern the LL is whether she is employed.

[RubyPitbull]

I know I am a little late coming in on this but I hope vcarter sees this. Regarding Washingon State, the laws are very specific pertaining to the Residential Landlord-Tenant Act that was put into place. I am taking some excerpts that are applicable to her situation out of this link but she should read the entire write up at this site, (which includes a link to more information at the State Attorney General's website): http://www.wsba.org/media/publicatio...ord-tenant.htm

"The most common type of tenancy is a periodic tenancy, for example, a week-to-week or month-to-month tenancy. A periodic tenancy is automatically renewed unless either the landlord or the tenant gives written notice to terminate the tenancy at least 20 days prior to the end of the month. The tenancy cannot be terminated in the middle of any month unless the landlord agrees. Similarly, the landlord cannot terminate the tenancy except at the end of the month and only after twenty 20 days' prior written notice to the tenant."

"A landlord must follow certain procedures to terminate a tenancy. To terminate a periodic tenancy, a landlord must give at least 20 days' written notice prior to the end of the month. However, if the tenant violates his or her obligations, for example, by failing to pay the rent, the landlord may terminate the lease through eviction proceedings. "

"The landlord has 14 days after a tenant moves out to return a deposit, or give a written explanation of why it (or any part of it) was not refunded. If a landlord does not comply, the full amount of the deposit must be refunded to the tenant, regardless of any claims by the landlord that the tenant is not entitled to a refund."

"Eviction

The action by a landlord to remove a tenant from a rental unit is known as an eviction or an "unlawful detainer." Some local housing codes define "just cause" for an eviction and outline procedures that must be followed.

In an eviction based on nonpayment of rent, a tenant may assert any claim for money owed the tenant by the landlord. The tenant's claim (sometimes known as an equitable defense or setoff) must be related to the tenancy, such as the tenant's payment of a gas bill that was the landlord's responsibility under the rental agreement. In eviction actions strict rules and procedures must be observed. Generally, a legal eviction process involves:

Proper notice. Before evicting a tenant, the landlord must serve the required eviction notices using proper procedures.
Filing of a lawsuit. If the tenant fails to move out, a lawsuit must be filed to evict the tenant.
Entitlement to a court hearing. If the tenant disputes the reasons for the eviction, the tenant is entitled to a court hearing.
Sheriff's involvement. If the tenant loses the court hearing, the sheriff would then be ordered to physically evict a tenant and remove the property in the unit. Only the sheriff, not the landlord, can physically remove a tenant who does not comply with an eviction notice and only after an unlawful detainer lawsuit has been filed.
Liability for attorneys' fees. In an eviction dispute, the successful party is entitled to recoup costs and attorney fees.
Prohibited Eviction

Landlords are generally prohibited from locking a tenant out of the premises, from taking a tenant's property for nonpayment of rent (except for abandoned property under certain conditions), or from intentionally terminating a tenant's utility service. Various penalties exist for violating these protections.

Retaliatory evictions are also illegal. A landlord may not terminate a tenancy or increase rent or change other terms of the rental agreement to retaliate against a tenant who asserts his or her rights under the Landlord-Tenant Act or reports violations of housing codes or ordinances."

[vcarterm16]

Was it clear to everyone that the "tenant" was living in my house? She didn't pay what she agreed in the lease, thus violating it. Any lease in the state of WA is void if any part of the background, credit, criminal history, employment history, etc doesn't check out. You are right, the only issue was whether she was employed there or not at the time she comae in. She's only been in my home for 2weeks. She basically bullied her way into my home before I could do the background checks.(and before she paid anything) this will NEVER happen again.
Here's how it resolved: I asked her to leave by the end of the month and told her she would owe no more money(I won't collect the pet deposit nor last months rent). She paid for one month and she should get one months lodging. She is OK with this and agreed to leave at the end of the month.
For my own safety (and that of my home) I asked my son to stay here in the house until she leaves.
Thanks for all your help.
And thanks for the wording of the lease I'm going to use that next time. If I am ever brave enough to consider having a roommate again.



I certify that all the information given above is true and correct and understand that my lease or rental agreement may be terminated if I have made any false or incomplete statement in this application. I authorize ########## to verify by all available means the above, including reports from consumer reporting agencies before, during and after tenancy on matters relating to my lease, and income history. Work history information may be used only for this Rental Application. Authority to obtain work history information expires 365 days from the date of this application. I understand that my Security Deposit is non-refundable at this time, as it is being used to hold the rental unit for me. Upon signing the lease my Security Deposit will be handled in the manner specified in the lease agreement.


Date _________ Applicant __________________________________________________

[vcarterm16]

Another point, the landlord is a she. A woman living alone with in a situation that causes great concern for safety. I have some trust in the american legal system and believe that if the issue were brought before a judge, he'd be on my side. In my judgement the risk of keeping the unstable roommate outweights the risk of legal action. She literally does not have a leg to stand on.
I did give written notice to leave with this choice
Leave in 2 weeks and owe no more money
Leave at the end of next month and owe deposit, last months, and current months rent. A total of 1250.
She chose to leave in 2 weeks.
Thanks for your input
V

[ScottGem]

Lets hope she actually moves. Since you cannot give her the required 20 days at this point, You will not be able to start formal eviction until the end of September. If she is not out on 9/1, then give her notice for 9/30 immediately.

[RubyPitbull]

Was it clear to everyone that the "tenant" was living in my house?

Yes, this was very clear. Under the law, she is considered a tenant and the normal laws apply to your situation. Doesn't matter that she is just renting a room in your home.

I truly do hope for your sake that she leaves as she has agreed to do. I completely understand your concerns about this person. You feel as if she is violating your home and your good nature. But, if she doesn't leave as agreed, please heed Scottgem's advice. You need to be very careful that you don't do anything outside of the laws I posted. I wish I had the same trust in the Justice system as you do, but I don't. Keep in mind that even though you are a nice lady and this is your home, any judge will view you as a landlord and will not be swayed by your personal situation. It is their job to interpret the laws and enforce them. Good luck! :)