-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Elizabeth Rankin Powell's Answers
- 4,327 Legal Answers
- 5 Legal Guides
3
Attorney answers:
Verbal Abuse
In Washington, audio recording of a conversation without the knowledge and consent of the other party is a crime. Voicemail, on the other hand, is fair game, because our courts have held that a voicemail has no expectation of privacy. You can always recount for a court what someone said to you. I advise my clients not to use really vulgar language, no matter how accurate it is, but instead to say, "and then he used really vulgar language about me and my mother" or something like that....
Selected as best answer
3
Attorney answers:
Do I need legal representation for a temporary restraining order filed against me for domestic violence?
The problem is that the system is very much set up to presume that you are a violent abuser. There are no rules of evidence in DV hearings, and the consequences are similar to being convicted of a crime, but on a civil (more likely than not) standard of proof. If you have any leanings towards recreational gun use, be aware that if she is granted an order you will never, ever lawfully handle a firearm again. For some people this isn't an issue, for others it is. Domestic violence is...
Selected as best answer
3
Attorney answers:
Is the landlord responsible for cleaning up black mold growth under WA landlord tenant act
The previous posters have given you good advice. The only thing I would add is that you could have an engineer come look at your mold, figure out what it is and where it came from. Darrell Cochran in Tacoma just wrapped up a case against the Pierce County Housing Authority about mold. You might want to contact him. There is a specific way to get the County to come inspect and determine whether the problem is so severe that you should be compensated by your landlord. I've published a...
16 people marked this answer as helpful
3
Attorney answers:
My fixed-term lease states I must give 30 days notice to terminate tenancy, but WA law states 20 days. Which is enforceable?
You are correct. Your lease's 30-day termination term violates RCW 59 18 230 which states that terms that are contrary to the RLTA are "void as against public policy and unenforceable". The sub-statute that says you can terminate a month to month agreement by giving 20 days notice is RCW 59 18 200. If you personally hand-delivered your notice to your landlord on the 11th you are OK because December has 31 days, and thus you provided 20 day's advance notice of your intentions before the end...
Selected as best answer
3
Attorney answers:
Can a person stay in a rental house if they never entered into a lease agreement with the landlord?
Washington requires that the landlord serve enough copies for each tenant/resident over the age of 18 to get their own copy. The way experienced landlord's attorneys handle this - if there is any question whatsoever about who is residing in the property, is to address the notices and the process to Tenant A, Tenant B and All Others Occupying. That way you are covered if there are additional people there, Lots of people in Washington rent property without anything in writing at all. Those...
7 lawyers agreed with this answer
2
Attorney answers:
How do I serve an eviction summons and complaint, and unlawful detainer to a tenant by register mail, couldnt be served in perso
You need to go back to the Court and get permission from the judge to serve by posting and mailing. See RCW 59.18.055. Registered mail will not get you what you want but posting and mailing will. Go to the court with a motion for leave to serve by posting and mailing, and a declaration in support, which attaches the sheriff's statement that the sheriff could not locate the tenant to serve them. You are also going to have to prepare a proposed order that says you can serve by posting and mailing,...
Selected as best answer
3
Attorney answers:
Can a landlord keep your deposit and, overcharge for cleaning?
Yes, you can sue them for negligence for failure to adhere to the requirements of the Residential Landlord Tenant Act. It isn't up to the mangement to determine whether or not your DV situation occurred when a Judge has found in a court order that it did exist and warranted protection. They also can't refuse to cooperate for a walkthrough. Damage to the property is tougher, but they have to prove you caused it. When someone turns a debt over to collections it is important to dispute the...
Selected as best answer
4
Attorney answers:
Breach of Contract, Real Estate
In Puyallup, strongly recommend that you contact Shannon Jones at Campbell Dille. She is smart as can be about real estate law. In WA, sellers are required to fill out "Form 17" which is a disclosure sheet about the known defects with the house. Generally it is to try and suss out suspected issues, and it is absolutely not a place to lie about having a licensed and bonded contractor do work rather than the seller doing it themselves. That is disgraceful and as you note, very dangerous. The...
Selected as best answer
3
Attorney answers:
I have the divorce papers. and im so confused. i need a checklist to go from so i know i am sending him all the proper papers.
If you contact your County's Bar Association, they may have a volunteer group who can provide you with some guidance. First off, you don't "send" the papers, they must be served. To commence a dissolution action, you need to file a Confidential Information Form with the Court (this does not go to the respondent) a State Health Department form, the Summons, and the Petition. Your local court may have additional forms that have to go with the process as well. You can serve a Proposed Parenting...
6 lawyers agreed with this answer
1
Attorney answers:
Can a tenant kick out another tenant for not paying the whole amount do of there share?
One tenant does not have standing to evict another tenant. Tenants don't have standing, only landlords do. That is your first problem. You can demand (nicely) to see the power bills and proof they are being paid. You are also entitled to know exactly what has been paid towards deposits. You are not allowed to have them vacate the premises. It doesn't matter if they are on the lease, or not because WA recognizes oral tenancies. What is more pressing is whether you are the "head tenant" where...
6 lawyers agreed with this answer