Washington eviction laws/process?

[RusM]

Can a landlord evict a tenant by entering the tenant's apartment while the tenant is at work and removing all of the tenants belongings and placing the belongings on the street? No notice was given and the tenant was current on their rent.
I'm not really sure how to process this right now, just got a phone call that this happened to someone I know today. I don't know what to believe here, either way this is going to have major repercussions for my personal life. :confused:

 

[TrikeKid]

Pretty sure that's not the legal way to go about it. I haven't looked into it for some time (neighbor was trying every which way he could to get his doper kid outta the place, made considerably more difficult since the kid was paying rent), I remember it being rather difficult to actually kick someone to the curb as soon as there's a renters agreement involved.

 

[Glenn]

That does not sound right (landlord doing that) and I believe the only one who can enter a rental property like that is a sheriff deputy. There is a legal process to follow.

 

[Nwapache]

Congratulations

That is definitely illegal.... Your friend just hit the jackpot and needs to call the police and an attorney in that order. Wa state has specific laws that cover this situation and the land lord just Effed up big time

 

[mark]

Read the landlord-tenant law. Its online.


There has to be a LOT more to the story, cause if there isn't the landlord f'd up. Your buddy probably has rights in this situation (again, there is more to this story), but really, if things between him and the landlord got that weird, then its best just to get out and try to recover any lost rent legally.

 

[RusM]

Yeah, I don't know what the **** to think right now. What I just heard was the Sheriff was there and it was a mass eviction of the whole complex. So maybe the complex went bankrupt and the bank decided to kick everyone out? It was happening in Vegas for a while during the height of the collapse. Or the other possibility is they are months behind on rent and completely lying to me about that and this whole goddamned situation. :mad: I really don't need this **** right now.

 

[JesterFab]

No that is not the right way. At least not in everett. My dad has to pay the city/ court $150 to have papers sent to basically tell the renter to catch up on rent. If they dont in the next 2 weeks or whatever, he has to go back to the city/ court and pay another $850 to have the sheriff kick them out. Even then they still have a set amount of time to move out. The whole renting process is there to protect the renters... What this guy did when he removed the persons stuff, is break and entering and possible vandalism, even though he owns the property, it isnt "his property"

 

[Nwapache]

Ahhh

Okay, there is a lot you aren't being told... IF it was a mass eviction, then your friend has known for months. In many situations she would have even received money from the prop mgt company, free rent etc...
Bottom line, your friend needs to come clean and give you the real story:wtf:

 

[mark]

That is definitely illegal.... Your friend just hit the jackpot and needs to call the police and an attorney in that order. Wa state has specific laws that cover this situation and the land lord just Effed up big time

no, no lottery. He'll be entitled to rental recovery and if he had a lease probably reimbursement or compensation, but not big pay check. Probably a fair amount of hassle though, but if the landlord did not follow protocol (again, we don't know the whole story) then the settlement will more likely than not be on the tenants favor.


The landlord will probably have some fines. Been a while since I've *had* to read the act.

 

[mark]

Yeah, I don't know what the **** to think right now. What I just heard was the Sheriff was there and it was a mass eviction of the whole complex. So maybe the complex went bankrupt and the bank decided to kick everyone out? It was happening in Vegas for a while during the height of the collapse. Or the other possibility is that she's months behind on rent and completely lying to me about that and this whole goddamned situation. :mad: I really don't need this **** right now.

If the sheriff was there, then its probably legit in some way. ****ty, but there was probably some warning signs. Is this in Washington or another state (you mentioned Vegas).


Whats this have to do with you? Relative? Ex?

 

[Gibby1]

If the Sherriff was there, then your friend ignored notices.

I have had to evict a lot of tennants. It is a lengthy process.

You friend must not have been paying rent and ignored the multiple notices that would have been issued and posted.

It is possible that the process was botched but the Sherriff will not go to the physical eviction unless directed by the court to do so. That has to be approved by a judge. The judges will throw out ANYTHING that is questionable on the process.

I have had to do physical evictions at my properties with the Sherriff. We literally had to empty the place and put everything on the curb.

 

[TreeClimber]

I'm also inclined to believe she ignored the legal notices.

However, I have done forcible evictions myself. The way we did it, was to just show up, with a bunch of guys, in a bunch of trucks. We knock on the door, all of us outside, with the trucks clearly visible. I just tell them, that they are (X) months behind on the rent, and we are here to move them. Where would they like the stuff delivered? Both times, the tenants did the 'uhhhhhh,,, can I get my friends to help?', so I say yes. I tell them we'll be back at noon to help. We then go for breakfast. Then, when we get back in a few hours, they were moved. Voila. We then procede to load up the garbage, yard waste & misc other crap and head to the dump.
Cost me a couple hundred, for breakfast and dump, but it got the job done, very quickly, and without much hassle. Legal? Hell no.

 

[Gibby1]

I've done a couple of illegal evictions but I now just hire an eviction company. If they had Sherriffs in place, it was most likely a legal eviction.

 

[RusM]

The part I really don't get is that their lease was almost up. Will the landlord (it's an apartment complex) give me any information if I call up and ask them about it? :puke:

 

[pokey]

Almost sounds like the property was condemend or reposesed by the bank and the landlord never told anyone so he could go on collecting rent right up to the end. He will probably just disappear now or file backruptcy and nobody will ever see a dime out of him.

 

[Gibby1]

Almost sounds like the property was condemend or reposesed by the bank and the landlord never told anyone so he could go on collecting rent right up to the end. He will probably just disappear now or file backruptcy and nobody will ever see a dime out of him.

I've seen that happen too. Collect rent but not pay the mortgage. Either way the tennant is usually notified but ignores the notices.

 

[JesterFab]

My dad has got to try this. It usually cost about 1000 to do it legally. Thanks for the tip.

I'm also inclined to believe she ignored the legal notices.

However, I have done forcible evictions myself. The way we did it, was to just show up, with a bunch of guys, in a bunch of trucks. We knock on the door, all of us outside, with the trucks clearly visible. I just tell them, that they are (X) months behind on the rent, and we are here to move them. Where would they like the stuff delivered? Both times, the tenants did the 'uhhhhhh,,, can I get my friends to help?', so I say yes. I tell them we'll be back at noon to help. We then go for breakfast. Then, when we get back in a few hours, they were moved. Voila. We then procede to load up the garbage, yard waste & misc other crap and head to the dump.
Cost me a couple hundred, for breakfast and dump, but it got the job done, very quickly, and without much hassle. Legal? Hell no.

 

[japerry]

I'm also inclined to believe she ignored the legal notices.

However, I have done forcible evictions myself.

What you're doing here isn't necessarily illegal, depending on how you say it, and as long as you don't act on it (IE: actually move them). if you say that you're here to come help them move, and you'll be back in a few hours.. its their own damn fault for not knowing their rights and leaving.

Its probably what I'd do as well. Its sorta shady, but cheaper and MUCH quicker than getting an eviction notice.

And worse case is they say 'no, you have to get the sheriff' -- in that case you just go through the normal proceedings.

 

[CHOP SHOP]

Invite tenant to lunch. Make sure insurance is current. Have place burned to the ground while at lunch.

Presto, bad tenant gone, new rental to be built.

 

[jprcrpr94]

invite tenant to lunch. Make sure insurance is current. Have place burned to the ground while at lunch.

Presto, bad tenant gone, new rental to be built.

:anyword:

 

[JesterFab]

Invite tenant to lunch. Make sure insurance is current. Have place burned to the ground while at lunch.

Presto, bad tenant gone, new rental to be built.

So are you busy saturday afternoon?? :awesomework:

 

[CHOP SHOP]

So are you busy saturday afternoon?? :awesomework:

Nah, Ill be at a BBQ at a buddies duplex. :FIREdevil:

 

[Zoediak]

Nah, Ill be at a BBQ at a buddies duplex. :FIREdevil:

wait... so will that be what is known as a 'controlled burn' ??


only doing half the building??

:haha:

 

[Avanteone]

I get to start doing this today with my current tenant. I've got a Ten Day Notice to comply or vacate that I plan on using. Gives them ten days to get current on rent and remainder of damage deposit they owe me, or vacate the premises. I'm sure they're expecting it, hope it goes smoothly.

 

[mark]

I get to start doing this today with my current tenant. I've got a Ten Day Notice to comply or vacate that I plan on using. Gives them ten days to get current on rent and remainder of damage deposit they owe me, or vacate the premises. I'm sure they're expecting it, hope it goes smoothly.

Pretty much sure, unless they are COMPLETE idiots, they know its comming, and the rules of how long they have and what you can and can not do.

Good luck. I feel very fortunate, I have NOT had to do this yet. I've had one major PITA tenant, but she moved out at the end of her first lease period and we didn't feel bad one bit (one of those "wowh-as-me, eveyone is against me and out to get me" kind of people).

 

[Gibby1]

I get to start doing this today with my current tenant. I've got a Ten Day Notice to comply or vacate that I plan on using. Gives them ten days to get current on rent and remainder of damage deposit they owe me, or vacate the premises. I'm sure they're expecting it, hope it goes smoothly.

John, do you have an eviction company handling the eviction for you?

 

[Avanteone]

John, do you have an eviction company handling the eviction for you?

No, basically, the people I've talked to so far that have dealt with this, all say that it is way easier to essentially "bully" them out by tossing out this info and showing them that they are in violation of the lease agreement by not paying rent on time, than it is to do it "legally". That's what I'm hoping for. At least in my case they're not trashing the house or anything, they just haven't paid the rent on time ONCE since they moved in back in January. Worst case, they get the notice and pay what they owe and stay... and I guess if they understand I'm serious and pay the rent on time, I don't have any other issues with them.

 

[Glenn]

I get to start doing this today with my current tenant. I've got a Ten Day Notice to comply or vacate that I plan on using. Gives them ten days to get current on rent and remainder of damage deposit they owe me, or vacate the premises. I'm sure they're expecting it, hope it goes smoothly.

I highly doubt they are going to start complying now.

Good luck with the process.

 

[RusM]

Supposedly the person in question for
My situation has an explanation for what happened. I don't know what it could possibly be that I would accept, but I really hope it is something reasonable that can be resolved with the property management company. Otherwise theyve taken a pretty good step towards ruining their life. Over what I have no goddamned idea. :mad:

 

[Gibby1]

No, basically, the people I've talked to so far that have dealt with this, all say that it is way easier to essentially "bully" them out by tossing out this info and showing them that they are in violation of the lease agreement by not paying rent on time, than it is to do it "legally". That's what I'm hoping for. At least in my case they're not trashing the house or anything, they just haven't paid the rent on time ONCE since they moved in back in January. Worst case, they get the notice and pay what they owe and stay... and I guess if they understand I'm serious and pay the rent on time, I don't have any other issues with them.

I hope you're right. I have been doing rentals for over 25 years. These notices have to be VERY specific. A notice to comply for paying rent late doesn't sound right. You can issue a 3 day pay or vacate notice if they have not paid their rent. A 10-day notice to comply is used for things like excess garbage, repairs that they are supposed to have done, etc.

I have found that it's worthwhile to spend the $40 to have the lease contract reviewed by an attorney and the person legally served with the proper notice. That way you don't waste the time hoping that they will comply with the less legal notices. Tennants are way smarter about the rules than you think. The law falls on their side if you make a single mistake in the process.