I need legal advice ASAP regarding renter's rights (I need to kick a renter out)

Figured I'd post here first since I like you guys, and I know that lots of snake people have gone through issues of renting, so I'm hoping to find some advice. I'm VERY sorry for the wall of text, but I want to make sure everything is out there so nothing is missed, and maybe somebody can direct me to a legal forum or from personal expereince/knowledge of renter's rights can help me out. I'm located in Thurston County, WA (state)

My name is on the lease for a house. I rent from the Landlord. I then rent out the other two rooms in the house. There are no contracts between myself and the two other tenants, and the landlord has not met the other tenants. They have established residency via mail to the residence. I rarely ever either of them see except in passing, because of differences in sleep/work schedules.


The problem tenant I have, does not have a drivers license as he does not drive, but has had mail delivered to the residence for the last 3 months... He:
- Turned off the thermostat for the house on a couple of our coldest days, resulting in 3 of my snakes getting URI (one of which was the Cinnamon Het Pied breeder male I'd had for sale previously, and who is now dead). He said 'sorry' about this, but nothing else. The only reason he turned the thermostat off, was because I requested the thermostat stay at 65*F, and that it helps if we keep the windows closed (was turned up to 75*F one night and the livingroom window was wide open.. causing the heat to be running all night, skyrocketing bill).

- His girlfriend has put my dog outside without his boundary collar and the back gate wide open. I then had to track my dog down in a panic. (keep in mind I don't request they put my dog out, he doesn't - need- to be let out, and is fine to be left in the house.. and if he is annoying, he has a kennel indoors he can be put into. I move back and forth between my house and boyfriend's house, and if the dog were allowed to be at his place, I'd have him with me). This resulted in a talk about keeping the boundary collar on my dog if they put him outside, and that the back gate needs to remain shut (they'd been talked about this before, as they go out to smoke, and leave it open for whatever reason).

- After explaining in person several days beforehand, I put my dog in his crate for the night, and I put a reminder note on the door handle (since there is another roommate as well who will sometimes let my dog out to be nice) not to let my dog out by himself for the next few days, since he was going in for surgery (to be neutered) the next morning and I needed to make sure he didn't eat anything. He had been put outside that night, while I was at boyfriend's house, and when I walked in, I heard a dog bark come from the roommate's room. His girlfriend had brought over her dog, and put my dog outside, touching but ignoring note stating he couldn't go outside.

- I put note on his door (as it was 6:30 in the morning and I was rushing the dog to go get neutered) stating the dog CANNOT go outside by himself, and if there is another dog present causing my dog to be upset, the stranger dog needs to leave, not the resident dog. Later in the day, when he finally woke up around 1PM, and didn't realize I was home, saw his 'door note' cussed me out in the hallway, and then back-pedaled madly as I confronted him in the hallway about it. When repeating my dog CANNOT be unattended outside, he said "I KNOW, I READ THE NOTE!" and slammed his door, got dressed and left to work before I could point out if he 'read the note' then why did it happen anyway.

I then collected rent for this month, and provided him with 30 days notice (given on the 4th, requesting he move out by the 5th of jan). No harsh words, just cut and dry:

I’m providing you 30 days’ notice-to-quit and request you vacate no later than January 5th, 2013. You will be responsible for your share of last month’s utilities at the middle of December, but will not be expected to pay December’s utilities once you move out in January.

If you have any questions, please set up a time to speak with me directly.

He sent me a text asking why this is happening, I explained the above, stated for the cost of this place to rent+utilities, I would prefer to pay them myself than to have him as a roommate. He said he was leaving on vacation from Dec 22-Jan5th. I offerred to let him stay an extra 2 weeks after the 5th, rent free, if he pays for utilities. No response. He declined discussing in person.

This morning, was wondering why my bedroom felt so warm, checked thermostat out in the hallway.. was at 65*F... but the back door was wide open, dog is fortunately still in the house, without his boundary collar, and back gate is wide open. It's never been left open previously, considering the issues with the roommate above, I have a difficult time believing it was accidental... knocked on roommate's door, he says it was an 'accident' in such a way that I believe him even less, like he's testing me. I sent him a text stating I retract my offer of an extra 2 weeks, and that I'd like him out by the 5th.


SO.. all that said.. is there anythign else I can do? What are his rights as a renter who has established residency, but has only a verbal contract with ME and not the actual landlord? Is this binding? I will be moving the snakes to the boyfriend's apartment temporarily, as I don't trust the roommate not to mess with them. I will also be buying a couple door locks for the bedroom and snake room to replace the "pretend" push button lock handles that are there currently. The other roommate agreed to keep an eye out for me, but the problem roommate has already caused damage to my animals, and I don't know how long I can keep my cool. Inside, all I can think of are the horrible things I'd like to happen to him. Externally, I know I can't break my calm if I want things to stay in my favor... and so I'm posting here.

Thank you considerably to anybody who managed to make it through all that info, and also for any advice that may be offerred.

I'm browsing http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 to make sense of it all regarding my situation as well.

Wow, good luck with this. I live on the opposite coast, so I can't help you with the legal advice, but it sounds like you've given him reasonable notice to leave. However, perhaps it would be best for you to spend the next month at your place, and not your boyfriend's.

Most renters rights lawyers will give you a free 30 minute sit down and go over if you have any rights in your end or if there is a case or not. Would be worth listening to.

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I know they haven't met, but is your landlord at all aware you have those roommates?

If he (she?) is aware, ask for help. A lot of landlords have seen problem renters at some point or another and might have a decent understanding of the laws and regulations. If you've always paid rent on time an have no complaints, I'm sure landlord will be open to hearing your case. If they haven't bothered to meet your roomies, it's probably because you're responsible enough in managing the household that they don't feel the need to.

Document everything; maybe the guy can be cited for animal endangerment or something. It's probably better you two communicate over texts or writing because it's recorded rather than he-said-she-said. I hope the eviction process goes smoothly for you!

With your name on the lease and no legal contract between you and the problem room mate, just kick his azz out! :banned1:

I second Anna rose, it sounds like sufficient notice to me, and within your tight. I've kicked people out 1-2 times, get ready for one hell of a 30 days! I second what am arose said better be home much as possible and lock your room to the snakes or something. He sounds vindictive

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Originally Posted by joefer13

I second Anna rose, it sounds like sufficient notice to me, and within your tight. I've kicked people out 1-2 times, get ready for one hell of a 30 days! I second what am arose said better be home much as possible and lock your room to the snakes or something. He sounds vindictive

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I'll be moving the snakes to the boyfriend's apartment so that even if I'm at work (roommate is home much more than I am because he works part time), I know they're 'safe'. My dog can survive the thermostat being off, the snake racks can't keep up with a temp drop down to 40 however.

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Originally Posted by Annarose15

Wow, good luck with this. I live on the opposite coast, so I can't help you with the legal advice, but it sounds like you've given him reasonable notice to leave. However, perhaps it would be best for you to spend the next month at your place, and not your boyfriend's.

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Yeah, I'll be spending every chance I can outside of work at my house, because I don't trust him not to do something ridiculous.

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Originally Posted by Chkadii

I know they haven't met, but is your landlord at all aware you have those roommates?

If he (she?) is aware, ask for help. A lot of landlords have seen problem renters at some point or another and might have a decent understanding of the laws and regulations. If you've always paid rent on time an have no complaints, I'm sure landlord will be open to hearing your case. If they haven't bothered to meet your roomies, it's probably because you're responsible enough in managing the household that they don't feel the need to.

Document everything; maybe the guy can be cited for animal endangerment or something. It's probably better you two communicate over texts or writing because it's recorded rather than he-said-she-said. I hope the eviction process goes smoothly for you!

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I will be talking to the landlord tonight to discuss what's going on. That was my thought too, to discuss via text/written conversation. I want to make sure everything is documented.

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Originally Posted by JeRMz

With your name on the lease and no legal contract between you and the problem room mate, just kick his azz out! :banned1:

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I'm told WA is kinda tricky with 'verbal contracts' as he's established residency. I'm reading through my local laws to figure out if I even qualify as a landlord - If I have no authority to make a 'verbal' contract with anybody, then I would assume (but I don't know) that the 'contract' ceases to be valid. I don't believe I have the right to just kick him out, as much as I want to - but that's also what I'm trying to figure out.

I don't have any advice for you, but just glad you are doing your research! Here in CA it is real tricky too. You can't even kick out squatters, who have no contract of any kind, once they move their possessions in! If WA is anything similar, whether or not your verbal contract is valid would have no bearing. I guess when they say "possession is 9/10 of the law," they really mean it!

Here are some links that might be helpful, if you have not already seen them.

http://www.lawhelp.org/documents/159...ateabbrev=/WA/
(talks about evictions on page 15)

http://www.tenantsunion.org/rights/

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Originally Posted by sorraia

I don't have any advice for you, but just glad you are doing your research! Here in CA it is real tricky too. You can't even kick out squatters, who have no contract of any kind, once they move their possessions in! If WA is anything similar, whether or not your verbal contract is valid would have no bearing. I guess when they say "possession is 9/10 of the law," they really mean it!

Here are some links that might be helpful, if you have not already seen them.

http://www.lawhelp.org/documents/159...ateabbrev=/WA/
(talks about evictions on page 15)

http://www.tenantsunion.org/rights/

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Even squatters???!!!:omfg: Communism, here we come... :(

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Originally Posted by JeRMz

Even squatters???!!!:omfg: Communism, here we come... :(

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No kidding! The longer I live, the more astounded I am with what people are allowed to get away with sometimes... :(

Got a response to my text retracting my 2 weeks offer, saying "It's not healthy for you to be this spiteful. But yeah no problem I'm leaving ASAP". Fingers crossed he means that. Still getting locks for my door. I also (with some difficulty, I'll admit), refrained from responding "Cool story, bro" or "It's not healthy for you to push my limits" and instead responded with a "Thanks".

Good move on your response. Whatever you want to say to him in a chance encounter AFTER he's out is up to you, but no good can come of stirring the pot before that day. You might also want to get the landlord's permission to replace the outside locks.

I know in the lease agreement I signed it states that all persons residing in/on the property for greater than thirty days must be added to the lease. If I had rented out a room without the landlords knowledge I would receive no help from the landlord in removing the problem renter and could face some repercussions myself for violating my lease agreement. You should take a look at your lease agreement and read it carefully to see if that was included. If it is not included you should be able to get help from your landlord.

I'm in NJ so it's hard for me to understand why he's not out already, but whatever.

Is it possible for your boyfriend to come and stay at your house till he's gone? I would also set up a webcam in your room so you could monitor the place.

Let me do the math for you.

wise ass + "not healthy" threat = baseball bat + knees

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Originally Posted by Andybill

I know in the lease agreement I signed it states that all persons residing in/on the property for greater than thirty days must be added to the lease. If I had rented out a room without the landlords knowledge I would receive no help from the landlord in removing the problem renter and could face some repercussions myself for violating my lease agreement. You should take a look at your lease agreement and read it carefully to see if that was included. If it is not included you should be able to get help from your landlord.

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My relationship with my landlord is pretty informal, and I don't suspect I'll have any issues getting help from them if I need it. I was friends with the landlord's daughter, who lived in the house before I moved in. The landlord has been informed, and even been welcomed to meet the new tenants as they've moved in/moved out, but they've never come over to meet them, just acknowledged that somebody new is in the house.

Meeting with the landlord tonight to discuss the issues, so that they are aware, and to reassure them that there will be no issue getting rent to them, as I'm prepared to pick up the extra cost myself.

Before you talk to your landlord, I would suggest reviewing your lease. Most leases require that all tenants be listed on the lease. Now, you have two tenants who have established residency in a property without the owners knowledge or consent.
In order for a property owner to rent out a property, it has to be listed and insured as a type of commercial property. When a tenant signs a lease, the lease should state whether the property is to be used as a residence or for business. If you signed a lease for a residential rental property, then technically, you have been making money from someone else's property without authorization. Depending on your state laws, and the terms of your lease, you, unfortunately, could possibly be held in breach of contract and held liable.
On the subject of eviction. I used to own a rental property. In the two instances that I had to have tenants evicted, I had to go to court, the eviction had to be court ordered, and the eviction notices were delivered by the sheriffs department, and then they had 30 days to vacate the property. In one of those cases, the tenants basically lived in my house for 5 months without paying rent, while my case went through the courts.
Hopefully, for your sake, your roommates will leave without much trouble, and you have an understanding landlord...

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Either way you go, whether you want to evict him or your landlord, either one of you will have to go to small claims and get an eviction notice to legally evict him since he has taken up residency. That is if your laws are anything like Oklahoma. Being an officer I get calls like this EVERY day and trust me, I want to kick the knuckleheads out on the street but legally you can't. Be prepared, evictions can sometimes take a while.

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Originally Posted by Vypyrz

Before you talk to your landlord, I would suggest reviewing your lease. Most leases require that all tenants be listed on the lease. Now, you have two tenants who have established residency in a property without the owners knowledge or consent.

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Please read my post just before yours. Both tenants are in the property both with he landlord's knoweldge and consent, they have just not met them in person. My lease does not state that additional tenants must be added to a lease, and it was agreed upon when I first signed the lease that it would be 6 months with my name and my now ex-boyfriend's name on the lease, and once 6 months are up, it would convert to a month-to-month. (Landlords are aware that the ex is no longer a resident, has moved out, and I am the sole name on the lease, and it is month-to-month as I've been here nearly a year)

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In order for a property owner to rent out a property, it has to be listed and insured as a type of commercial property. When a tenant signs a lease, the lease should state whether the property is to be used as a residence or for business. If you signed a lease for a residential rental property, then technically, you have been making money from someone else's property without authorization.

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The lease/rental agreement is less formal than it probably should have been, as it is a private home, owned by the landlord, but the issue is not with the landlord and myself, it is between myself (given permission my landlord to rent out the individual rooms as I please, so long as their rules are followed regarding the propery - no drugs, for example). In WA, rental agreements can be both on a physical paper or verbally, as I've learned from other references posted previously. I've not 1) charged a deposit of any form nor 2) made any profit off of renting the rooms. The toal amount of rent owed each month is $750, which is divided evenly among all rooms, collected by me on the 4th of each month, and delivered to the landlord on the 5th of each month. The Landlord then provides me a receipt, which provides proof that any money given to me has been given directly to the landlord for rent.

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Depending on your state laws, and the terms of your lease, you, unfortunately, could possibly be held in breach of contract and held liable.

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Please see above.

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On the subject of eviction. I used to own a rental property. In the two instances that I had to have tenants evicted, I had to go to court, the eviction had to be court ordered, and the eviction notices were delivered by the sheriffs department, and then they had 30 days to vacate the property. In one of those cases, the tenants basically lived in my house for 5 months without paying rent, while my case went through the courts.
Hopefully, for your sake, your roommates will leave without much trouble, and you have an understanding landlord...

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My biggest concern is that because I am not the property owner, and have entered into a verbal agreement with the other tenant, that I wont have any real authority to ask him to leave. I've provided him a notice to end our agreement, with more time than is required by law in WA, and now I am approaching my landlord for assistance in the event it becomes more of an issue than it already has. If necessary, I'd like them to step in and request he leaves, so that there is no question that the actual landlord is requesting this, and he is less likely to retaliate like a child.

Oh boy, good luck with everything. I own rental properties and hate that more often than not the law looks out for the scumbags and not the property owner paying property taxes to the city!

Yikes! Good luck, hopefully he just leaves quietly and doesn't put up a fight.