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Elizabeth Rankin Powell

Elizabeth Powell’s Answers

8,678 total


  • Landlord disappeared then reappeared. What do I do?

    ok we started renting this place from a property manager. A year later the owners came and said she was illegal and took over our lease. 6 months into lease with owners the bank came by asking if renters or owner was here. Found out its in for c...

    Elizabeth’s Answer

    You have rights as a bona fide tenant AFTER the foreclosure has happened. If you are unclear who owns the place, look at your rental agreement. Who owns it? If you cannot tell then look up your address on the County Assessor's website. The owner's mailing address is public record. *IF* you pay rent to the owner until the foreclosure happens, THEN you can stay for an additional sixty days post-auction and cannot be evicted for non-payment during that 60 days. But you cannot request repairs verbally - to be effective, do it in writing. Pen, paper, stamp. Keep a copy. Otherwise the owner gets to ignore you. If ANYONE walks in without correct predicate notice, call the police. Elizabeth Powell

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  • I am a condo owner, renter under lease until 12-2015. I lost my job and moving back to Lynnwood. I feel bad that I have to do

    this, and she has been with me since 12-2013. I hope that there is something I can do. Thank you, Kellie

    Elizabeth’s Answer

    If your tenant has a lease there is no way to make her move out, unless she violates the terms of the lease. "I lost my job" is not a lease violation. Elizabeth Powell

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  • Is this legal. .... Copying another persons parenting plan word for word and then filing it add your own?

    I have 2 kids, my eldest son is ten, 3yrs ago his dad filed a PPP, did all the paperwork, ect but never took me to court. Its online for all to see thru WCDC. My ex of my youngest is doing this also just to cause me stress. I was reading his PPP &...

    Elizabeth’s Answer

    There is no copyright on a parenting plan, if that is what you mean. There is a form parenting plan, and you have to address all the elements, and add conditions if necessary. The case won't be dismissed on your motion for default because he has appeared and responded. It is what is in the declaration that matters, not whether the author gets first or third-person. You and your ex are going to have roughly equal time with your child, barring some really good reason why one or the other of you should not have time with your child. If both of you are reasonably okay parents (no heroin addictions, no child molestation convictions, not in jail), then you would do better for your child to figure out how to get along with your ex well enough to parent your child. Elizabeth Powell

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  • Can we break our lease without penalty because of ongoing repair work?

    We have six weeks left on 1-year lease and just want out NOW because repairs are taking up space for two weeks already. Can we just tell the landlord we're out and not lose last two months' rent and deposit?

    Elizabeth’s Answer

    Are you eligible for relocation? If the landlord is doing major repairs while you are paying rent something is wrong. You would not be breaking your lease, your landlord is interfering with your quiet enjoyment. Elizabeth Powell

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  • Can I still take my former landlord to court

    After finishing my contract with the apartment complex (1 yr lease) I didn't not hear from them about any remaining cost owed and I left the place spotless so I did not think anything of it. A year later a collection agency said I owed $1200 righ...

    Elizabeth’s Answer

    Yes. Please see my legal guides about taking your landlord to small claims. Elizabeth Powell

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  • How should I handle a landlord situation?

    My apt has a shattered subfloor. It has since we moved in (it is on the move in paperwork). The city inspected 8 months ago and NO work has been done. The manager was to move myself temporarily into 2 different units on 2 different occasions, but ...

    Elizabeth’s Answer

    Contact the City to find out if the unit is permitted for occupancy. If there is a structural problem tell the landlord (IN WRITING)! to fix it. If it's not fixed in 24 hours, make the City come inspect it. See RCW 59.18.115(2). If your landlord is trying to rent out a unit without fixing the structure you are highly likely to get relocation.

    Done properly that's three months rent, all your deposit and your moving costs in cash or certified funds in seven days.

    Elizabeth Powell

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  • Is a 20 day notice to vacate/not an eviction notice,Legal if they have no grounds for it.

    If a landlord/owner is signed up through the state to accept low income housing/section 8 & they have a tenant who has been living there over a year and isnt late paying rent or hasn't done anything that would cause her to have to move .Can the O...

    Elizabeth’s Answer

    Please ask your Section 8 caseworker. If the lease is over, the landlord does not need a reason to end the tenancy. Elizabeth Powell

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  • Is it retaliation after expressing rights to refuse unnecessary renovations and right to quiet enjoyment of rental? month to mo

    "More than 20 states’ laws state that the landlord is presumed to be retaliating if a tenancy is ended (or services decreased) within a certain amount of time after a tenant exercises a legal right." With this said, I exercised my right to refuse ...

    Elizabeth’s Answer

    Lead abatement is a necessary repair. Your landlord should not rent out a place with lead paint. Please contact ChiQuata Elder at the City of Tacoma and report this because you may be eligible for relocation. Retaliation gets you not much, but check out RCW 59.18.085(3), which is a good cure for this. Elizabeth Powell

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  • In Washington, are weekends excluded in 3 day pay or vacate?

    Tenants rent was due 6/5/15. No later than 5pm Hired a company to serve them a 3 day pay or vacate on 6/6/15. The company I hired is telling me weekends do not count and the tenants will have until Thursday evening to respond. If they don't respon...

    Elizabeth’s Answer

    Weekends count. Read Christensen v Ellsworth. Elizabeth Powell

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  • What classifies as "clearly posted" when a landlord gives you notice?

    There was a 20 day notice to vacate pushed through the mail slot of my door, which I ended up finding on my floor due to it not being "clearly posted". My interpretation of "clearly posted" means you tape something to someone's front door so that ...

    Elizabeth’s Answer

    Yes. Because when a notice is posted they also have to mail the same document to you. Without correct delivery of the notice you can't be in unlawful detainer. Please contact Housing Justice so your argument is presented correctly. Elizabeth Powell

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