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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.
Last edited by Anatopism; 12-06-2012 at 01:53 PM.
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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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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!
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Registered User
Re: I need legal advice ASAP regarding renter's rights (I need to kick a renter out)
With your name on the lease and no legal contract between you and the problem room mate, just kick his azz out!
1.0 Cat "Squirrel"
1.0 66% Poss Het Clown "Lou-cifer"
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The Following User Says Thank You to JeRMz For This Useful Post:
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Registered User
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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Re: I need legal advice ASAP regarding renter's rights (I need to kick a renter out)
 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
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.
 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.
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.
 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!
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.
 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! 
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.
Last edited by Anatopism; 12-06-2012 at 02:29 PM.
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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/
Why keep a snake? Why keep any animal? Because you enjoy the animal, find something beautiful and fascinating about it, and it fits seamlessly into your lifestyle.
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The Following User Says Thank You to sorraia For This Useful Post:
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Re: I need legal advice ASAP regarding renter's rights (I need to kick a renter out)
 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/
Even squatters???!!! Communism, here we come...
1.0 Cat "Squirrel"
1.0 66% Poss Het Clown "Lou-cifer"
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Re: I need legal advice ASAP regarding renter's rights (I need to kick a renter out)
 Originally Posted by JeRMz
Even squatters???!!!  Communism, here we come... 
No kidding! The longer I live, the more astounded I am with what people are allowed to get away with sometimes...
Why keep a snake? Why keep any animal? Because you enjoy the animal, find something beautiful and fascinating about it, and it fits seamlessly into your lifestyle.
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