Evan Lee Loeffler’s Answers

Evan Lee Loeffler

Seattle Landlord / Tenant Lawyer.

Contributor Level 6
  1. How can I evict a person from my home that has no contract with me?

    Answered almost 2 years ago.

    1. Shawn B Alexander
    2. Evan Lee Loeffler
    3. Ryan J. Weatherstone
    3 lawyer answers

    The first step is to give your tenant a proper written notice of violation of the terms of her tenancy. You have established that the monthly rent is $200.00, so give her a 3-day notice to pay rent or vacate. If she does not comply with the notice you can start an unlawful detainer action. These sort of cases can be tricky, especially without a formal lease in the City of Seattle, so you should probably contact a lawyer.

    6 lawyers agreed with this answer

  2. The house we are renting just got sold and the new Landlord wants us out in 60 days what can we do?

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. Evan Lee Loeffler
    2 lawyer answers

    The fact the new owner used a 60 day notice suggests the property may have been sold at a foreclosure sale. If you have a copy of the lease you should provide a copy of it to your new landlord. Mail it to the landlord with the rent and consider using certified mail with return receipt requested. Assuming the lease is "bona fide" the new owner must honor the lease and let you stay until the end of August, assuming you pay your rent. A lease is considered bona fide if the rent is for...

    5 lawyers agreed with this answer

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  3. I am wondering if I can break my lease in Washington State after barely living in my unit a month?

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. Evan Lee Loeffler
    3. Thomas Martin Morningstar
    3 lawyer answers

    Under the Washington Landlord-Tenant Act, if there are defects in the premises as you describe you must first give the landlord written notice and an opportunity to cure the defect. The electrical and heating defects you describe require the landlord to commence repairs within 24 hours. The plumbing problems with the sink and toilet require the landlord to commence repairs within 72 hours. RCW 59.18.070. If you give written notice to the landlord and he he doesn't take any action or does...

    4 lawyers agreed with this answer

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  4. Fire Damage at Rental Property

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. Evan Lee Loeffler
    2 lawyer answers

    By insuring that the premises are safe and habitable after the fire you have met your duties as a landlord under Washington law. It is good for landlord-tenant relations that you offered to refund the rent, but this was not required. You cannot force the tenant to hold you harmless for damages, but it is OK if the tenant agrees in writing that he has not suffered any damages. If the tenant balks at that, if you refund the rent as you indicated, include a note that states what it is for...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. In Washington State how many days does a landlord have before they have to refund a deposit for commerical property?

    Answered about 2 years ago.

    1. Evan Lee Loeffler
    2. Ryan J. Weatherstone
    2 lawyer answers

    If this were a residential tenancy the law provides that the landlord has 14 days to account for or refund the deposit. As a commercial tenancy, this law does not apply. However, nearly all commercial contracts require the parties to act in good faith and have a clause stating that time is of the essence. The landlord should account for the deposit in a "commercially reasonable" amount of time, a term which is not defined by law but governed by the particular facts of your situation....

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  6. How I can get out of this lease . A friend of ours bought and paid cash for the house . we now rent from her .

    Answered over 1 year ago.

    1. Evan Lee Loeffler
    2. Elizabeth Rankin Powell
    2 lawyer answers

    There is a list of landlord's responsibilities under RCW 59.18.060 of the Residential Landlord-Tenant Act. If you believe your landlord is not meeting these responsibilities, you send the landlord written notice and request that it be fixed. RCW 59.18.070 states how long the landlord has to start the repairs depending on the nature of the defect. If the landlord does not make the necessary repairs on time, you have a number of remedies available. One of the remedies is to break the lease...

    3 lawyers agreed with this answer

  7. We are visiting Seattle staying at an apartment rented via AIRBNB. But the renter is illegal renting the space.

    Answered about 2 years ago.

    1. Elizabeth Rankin Powell
    2. Evan Lee Loeffler
    2 lawyer answers

    If you received a notice of some sort the landlord is saying you are doing something that violates the lease and you have a certain amount of time to fix it before the landlord starts legal proceedings to evict you. The notice should clearly state what it is you have to do. If it does not, it may not be a good notice. If the notice only says, "you must leave" it is probably not a good notice. If the space is illegal, the City of Seattle may be interested to know. If you contact the...

    3 lawyers agreed with this answer

  8. A 3day notice was posted 2 my door on monday.What will happen if I pay on Friday?

    Answered about 2 years ago.

    1. Evan Lee Loeffler
    2. Brian Yee Keung Cheng
    3. Elizabeth Rankin Powell
    3 lawyer answers

    A 3-day notice to pay rent or vacate must be either hand-delivered to you or both posted to your door and mailed by U.S. mail. If the notice was only posted and not mailed, the notice is not properly delivered and the landlord may not sue on it. If the notice was both posted and mailed on Monday, the law requires that the landlord give one additional day, so you will have until the close of business on Friday to pay.

    3 lawyers agreed with this answer

  9. Can our lease agreement be changed from a 2 year agreement to a 1 year agreement under bankruptcy?

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. Evan Lee Loeffler
    2 lawyer answers

    If you file for bankruptcy you have the option of accepting the lease as it is or rejecting it. If you reject the lease but remain in possession (and pay rent) you do so as a month-to-month tenant. Bankruptcy Court has broad powers to make changes to the lease, but I have not heard of a judge changing its key terms. Negotiating with your landlord to amend the lease is a good idea. As you are finding out, however, it's a two-way street. He is entitled to request certain concessions, such...

    2 lawyers agreed with this answer

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  10. How do we remove a manipulative teen from our house?

    Answered over 2 years ago.

    1. Elizabeth Rankin Powell
    2. Evan Lee Loeffler
    2 lawyer answers

    You do not have a traditional landlord-tenant relationship, but there may be a "tenancy at will," which may be terminated. If asking her nicely to move does not work, you may give her a written notice that gives her a reasonable amount of time to move. "Reasonable" depends on circumstances but can be three days to thirty days. If she agrees in writing to move on a certain date, that agreement can be enforced in court. If she simply refuses to move, you will need to contact a lawyer to bring...

    2 lawyers agreed with this answer

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