Ryan J. Weatherstone’s Answers

Ryan J. Weatherstone

Landlord / Tenant Lawyer.

Contributor Level 16
  1. I have received a 10 day comply or vacate notice because we we are dog sitting.

    Answered almost 2 years ago.

    1. Christopher Daniel Cutting
    2. Ryan J. Weatherstone
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    Mr. Cutting has provided an excellent answer, I am simply chiming in to address the inspection aspect of your question. A landlord may only enter the property with a proper 48 hour notice as detailed in RCW 59.18.150(6). The tenant still has the right to deny the landlord access to the property if the notice is issued properly, but they would be in violation of RCW 59.18.150(1).

    8 lawyers agreed with this answer

  2. Can i please stay!?

    Answered about 1 year ago.

    1. Ryan J. Weatherstone
    2. Cheryl Rivera Smith
    2 lawyer answers

    A "stay" is a halting of the eviction action pending a hearing. If you have already been issued a writ of restitution, you may ask the court to stay the execution of the writ pending a hearing on the merits. In order to get a hearing on the merits, you must present a valid defense, and a reason why you defaulted on the eviction matter. Call your local bar association ASAP to get counsel and advice.

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  3. In WA state does the landlord forfeit the deposit if she does not disclose where my deposit was held during my tenancy?

    Answered almost 2 years ago.

    1. Ryan J. Weatherstone
    2. Vitaliy Kertchen
    3. Spencer A'Lee Wildig Stromberg
    3 lawyer answers

    There is no case law on the matter but you could make a strong case that collecting a deposit is a landlord's privilege under the law so long as they follow the correct rules for deposits. Failure to follow the rules means you did not correctly collect the deposit and must return the entire thing. Secondly, if there was no walk through inspection checklist signed by both parties, then the deposit was wrongfully collected. Third, the landlord has 14 days to put the deposit in the mail....

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  4. If a private landlord lives out of state are they required to hire a property manager?

    Answered almost 2 years ago.

    1. Ryan J. Weatherstone
    2. Elizabeth Rankin Powell
    3. Ryan Vancil Esq
    3 lawyer answers

    An out of state landlord is required to have an instate agent for service of process (notices, etc). A landlord who collects a deposit is required to sign the move in checklist for the conditions of the property in addition to providing a street address for the bank in which the funds are held in trust. There is no requirement that a landlord have a grace period prior to any late fees. A landlord may not push off their duties to the tenant under RCW 59.18.230. Thus the septic system is the...

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  5. Notice requirements for month to month commercial lease in Washington

    Answered about 2 years ago.

    1. Ryan J. Weatherstone
    2. Shawn B Alexander
    2 lawyer answers

    RCW 59.12 deals with all tenancies in WA, both commercial and partially residential. In Wa, the lease controls in a commercial agreement, thus if there is a longer notice period you would have to abide by that.

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  6. Is there an obligation for one former co-habitant to hold on to the other co-habitant's property for a certain period of time?

    Answered about 2 years ago.

    1. Ryan J. Weatherstone
    2. Mary Gail Carver
    3. Thuong-Tri Nguyen
    4. Chong Hae Ye
    4 lawyer answers

    There is nothing in the RLTA that speaks directly to how long or the procedures that must be used in order to get property from a former co-tenant who has a restraining order against the other co-tenant. Often times when the judge signs the order for protection, he will allow for a period of time for the displaced tenant to recover his belongings. The other option would be for the tenant to request that a police officer provide a civil standby in order to retrieve his or her belongings....

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  7. Lease question

    Answered over 1 year ago.

    1. Shawn B Alexander
    2. Ryan J. Weatherstone
    3. Cheryl Rivera Smith
    3 lawyer answers

    I agree, small claims . . . let them explain it to a judge. Ask for double the deposit due to the intentional refusal to return the money.

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  8. I have a female in a trailer in back yard that is mentally unstable and did not pay her rent.

    Answered about 2 years ago.

    1. Ryan J. Weatherstone
    2. Shawn B Alexander
    2 lawyer answers

    RCW 59.18.300 says that a landlord may not shut off the utilities. The penalty per day is $100. It may be advisable to hire an attorney to represent you as soon as possible.

    7 lawyers agreed with this answer

  9. Can I evict a tenant for refusing to move out on an agreed move out date without a signed rental agreement?

    Answered over 2 years ago.

    1. Elizabeth Rankin Powell
    2. Samuel Michael Meyler
    3. Ryan J. Weatherstone
    4. Shawn B Alexander
    5. Thomas Martin Morningstar
    5 lawyer answers

    I am chiming in to simply discuss the sufficiency of the notice to terminate, the previous posters have provided great advice. Under RCW 59.12.030, a tenant is not in unlawful detainer until they receive a written 20 day notice to terminate the tenancy. This notice MUST be served in accordance with RCW 59.12.040. That means that the landlord or his agent must attempt to do the following: 1) attempt to serve the notice personally (in hand) at the premises. If no one is at the premises, you...

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  10. Can my landlord have a cleaning contest, where one tenant would receive half one months rent off?

    Answered over 1 year ago.

    1. Ryan J. Weatherstone
    2. Christopher Daniel Cutting
    2 lawyer answers

    There is no problem with a "cleaning contest." It does not sound as though you are required to participate. Cleaning of the walls is most likely a duty of the landlords, but it sounds like they are taking care of it by enticing willing participants to clean the walls in exchange for a chance to win half months worth of free rent. It does sound like an insulting gesture based on the idea that some tenants are too stupid know when they are being taken advantage of, but it doesn't sound like...

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