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Elizabeth Rankin Powell

Elizabeth Powell’s Answers

8,670 total


  • Can I create an OTHER section after Affm. Def's on my Answer and indicate relevant police reports by number that were omitted?

    Plaintiffs Complaint identifies facts but omits entire facts that pertain to her complaints. Examples- She complains of harassment but fails to mention said incident end result was judgment of AH Oders against herself and me. 2. She complains of s...

    Elizabeth’s Answer

    You can write a declaration and attach as evidence the reports to which you refer. If this petition you are responding to is about harassment, be sure to point out if the petitioner alleged she followed the statute by telling you in advance that your communications were unwelcome. Your answer, in WA, should be limited to admissions, denials, and denials for lack of knowledge. Evidence goes in a different document, not the answer. Elizabeth Powell

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  • Can I legally withhold visitation if I have definitive proof of danger and a two and a half year absence from child's life?

    Our custody agreement was created in SD, but we have now lived in WA state for three years. My sons father willingly lives in Ohio and is currently a wanted felon in MN for fifth degree assault, and facing charges of two counts aggravated arson in...

    Elizabeth’s Answer

    What you should strongly consider doing is getting your SD order registered here in Washington, and then immediately asking the WA court to restrict your ex's time with your child for the reasons you cite above. This will get you a better outcome than making unilateral decisions without the Court's knowledge or approval. This is not self-help law. You need a local, well-regarded family law attorney, but if that is not possible, reach out to NWJustice or your local county Bar association and see if they can help you. Elizabeth Powell

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  • Can I be told to vacate my condo?

    I signed a 1 yr lease and have lived in my condo for 3 months. I have done nothing to void/break my lease. The property owners did not check w the hoa/ board of directors before they allowed us to sign the lease and move in. Now the hoa/board of d...

    Elizabeth’s Answer

    The HOA board of directors has an enforceable agreement with your landlords, but the HOA is not your landlord and as such cannot evict you. This is your landlords problem. You'll probably have to move but you should demand some compensation for the trouble occasioned. Elizabeth Powell

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  • 30 day notice update

    this is the lady who been fighting to get fridge fixed since may 1 finally after i called and found out that they never ordered the part the company and that it was on back order not due until mid June they said heck with it and brought me a new ...

    Elizabeth’s Answer

    Yes. Read RCW 59.18.240 and .250 and reach out to Housing Justice in Olympia, see if they can help you. Elizabeth Powell

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  • No not a real estate an illegal arrest from the police department

    they broke into my home while I was sleeping and pulled their weapons on me for a no contact order which I was wrongly accused of in the first place from my wife I had judges orders earlier the day before that it is okay to return to my home as lo...

    Elizabeth’s Answer

    Police get a pass from the court when they are doing their job. The person you have the issue with is your ex. Here is why: Somebody contacted law enforcement and advised where you were and suggested quite strongly that you should not have been where you were. That was what caused the police to take the action they did. When you want to win a lawsuit, you need three things: 1) a defendant (you have that) 2) a reason to sue them (possibly) and 3) that defendant has to have some resources with which to pay a judgment. If they do not then suing them may net you a judgment, for which you will need to pay an attorney, but you may never get any money out of it. So think really hard about how much energy you want to put into this.

    There was a case out of Tacoma 12-13 years ago where a neighbor called law enforcement to report that someone had broken into the house next door, law enforcement arrived and took down the "intruder" with a great deal of force, only to learn she was the owner of the house. That homeowner recovered a very large judgment from the City of Tacoma, but had to go to the 9th Circuit Court of Appeals to get it.
    Elizabeth Powell

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  • Husband sold house without Quit Claim (or any other release of interest)

    Washington state court awarded house to Husband with restrictions: 1. Husband is required to sell; proceeds must be split with the Wife; if amount owed, Husband must pay. 2. Husband required to remove Wife from mortgages. 3. Husband may not incur ...

    Elizabeth’s Answer

    Possible or not, it apparently happened, and you are going to need to bring your concerns back to the court that divorced you in order to request that the court enforce its orders as written. Depending on how the decree is worded, this may be contempt, if it is a property division though, it is not contempt, but you can ask for your reasonable attorney fees and costs incurred bringing this conduct to the court for relief. Judges do not like it when someone circumvents their order. If it is any consolation, W cannot be "disappeared" from title; if there is title insurance in this transaction, someone is going to have a lot of explaining to do. It can be unraveled, with the help of a local, well-regarded family law attorney who understands real property conveyances. Elizabeth Powell

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  • Can I use a rental agreement that references Oregon laws in Washington?

    I bought a rental agreement from Stevens-Ness Publishing Co which is located in Portland, Oregon. Can I use this agreement for my rental home in Washington? It references Oregon rules but other than that, it is a standard rental agreement. I looke...

    Elizabeth’s Answer

    There is no such thing as a standard rental agreement. You can use the one you found, but portions of it could be unenforceable, which is very unhelpful. I once saw an agreement for a residential tenancy here in WA that confidently asserted, "This contract shall be construed consistent with the laws of the Commonwealth of Pennsylvania". Washington has the Residential Landlord-Tenant Act, at Title 59, Chapter 18 of the Revised Code of Washington. It has a lot to say about what residential tenancy agreements in WA have to contain, and if the contract is inconsistent with Washington law, then those inconsistent contract provisions "shall be void as against public policy and shall be unenforceable". RCW 59 18 230.

    Most distressingly, the Multiple Listing Service has a rental agreement for use by buyers and sellers who need a rental agreement, but parts of that form are simply unenforceable. The worst offense is the notion that parties to a residential rental agreement can "contract around" negligence. This is not possible in Washington, and any attempts to do so would not be well taken by a Court reviewing or interpreting such a document.

    A resource for a landlord to find an enforceable rental agreement would be through the Rental Housing Association (RHA), which is a service organization for landlords. The best alternative is to find and retain a local, well-regarded landlord-tenant attorney who can draft an agreement for you that contains exactly what you need, tailored to your situation. When a contract-in-a-box fails, you have basically no recourse. When you hire a licensed attorney, you can be confident that their work done for you is correct. Elizabeth Powell

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  • Ll's have to fix the leaks causing mold, but what about the mold? As I understand it, WA doesn't have a specific law about that

    My ll's son is coming out the day after tomorrow to look at my mold problem. His solution is apparently some stuff he is going to spray on the walls and ceilings. I'm already drafting a letter about the leaks. But as I understand it, all he has t...

    Elizabeth’s Answer

    The RLTA requires the landlord to provide housing that protects you from the weather. RCW 59 18 115(2). Mold is a consequence or symptom of water intrusion. The water can damage the structure of the house and can also damage the electrical system. You start the relocation process by writing to your landlord. This is so you can demonstrate to a court that you gave notice of the issue and an opportunity to respond. If he responds but doesn't solve the issue, the decision regarding the tenancy is yours, not his - see RCW 59 18 090. You are correct that you are not breaking your lease. You are mitigating your damages because your landlord has all ready broken the lease by failing to maintain the place such that water is coming in.

    Code enforcement doesn't deal with mold. They deal with the eight deficiencies listed in RCW 59 18 115(2). If you need to pay to have your property cleaned or replaced because it is moldy after you leave, you can add that to your demand for compensation. Elizabeth Powell

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  • Severe mold problems where I am renting

    I saw the place before I moved in, but they did a great job of hiding it. I'm severely allergic to it, but due to my swing shift schedule, I spend my work nights at my parent's, because they pick up my girls from daycare and have only spent a few ...

    Elizabeth’s Answer

    Start by documenting written notice to your landlord of what you have discovered. Keep a copy. Mold is always a symptom of water intrusion, and the RLTA says you are to be protected from "exposure to the weather", e.g. the roof leaking. See RCW 59 18 115(2). Once you have documented having given notice to your landlord and waited the appropriate amount of time (See RCW 59 18 070) to get it fixed, then you decide. You give notice and leave (See RCW 59.18.090) or you report them to Code Enforcement. If you do that be prepared for a fight, because you are setting up a relocation remedy. Some Code Enforcement offices want to fight with you, the person they are supposed to be protecting from substandard housing, like you are asking for a handout, when rather you are just wanting to live in a place that does not actively make you sick. Elizabeth Powell

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  • Legal rights of 17 yr. old boy whose parents placed him in my home? Aural contract only. Deposited $300 for his care.

    17 yr boy removed from home by his parents (turns 18 on 9/2/15). Parents pay me room & board. I am Guardian of rec. at school. Parents did not provide me with: birth certificate, written agreement, contact info for physicians, teachers, tutors--a...

    Elizabeth’s Answer

    Parents always have an obligation to provide for their minor children. Parents do not get to disclaim this obligation. Please contact CPS and tell them what is going on. It is entirely possible that the parents did not hear what the therapist who diagnosed this child was saying. It is also really strange that the parents continue to monitor him. Please contact CPS and tell them what is going on. Child is entitled to support from his parents, you are under no obligation to care for this child, he isn't your responsibility. Elizabeth Powell

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