Include background information that will enable lawyers to answer your question.
Both Mr. Chastain and Mr. Hoag are correct, you have 90-days from the last day worked. However, you should consult with an experienced attorney in this area to make sure you meet all the requirements and pre-qualifications. Some cases require pre-claim notice to be given, and there are certain steps you must take after recording the lien as well.See question
Contractor performed the plumbing work on our home. In the process did $ 7300 in damages. We held payment and offered to sit down with owner to discuss and settle....they refused and retained an attorney. Responded to the attorney's demand letter ...
You are correct, Washington law does require that a notice to customer be given regarding liens. There are exceptions to this, however, such as the contractor contracting with another contractor exception, but it sounds like that is not applicable in this case. What makes a lien frivolous versus invalid is usually the big question in these disputes, and an invalid lien is not necessarily frivolous, as the Courts have held. Issues of frivolousness could involve whether the lien was timely filed, or even if it is excessive. If excessive, while not considered frivolous, the Court could still reduce the lien under the same procedure. You should contact your own attorney to discuss the details of your case and see. If the lien is indeed frivolous or excessive, there is a frivolous lien procedure you can take advantage of and recover your attorney's fees and costs if you prevail. You will want to be careful because if you lose, you will be responsible for paying the contractor's fees and costs. This should not have an impact on your own damages claim against the contractor either, though you may want to pursue them simultaneously.See question
My lease expires every year and does not go month to month. My lease expired March 31st, I did not contact my landlord to sign a new lease until April 30th. He never contacted me about the lease. He sent me a new lease on May 5th to start June 1st...
I would agree with the prior answer. Seattle Municipal Code 7.24.030 requires at least 60-days prior written notice when monthly housing costs to be charged the tenant increase by 10% or more. This means rent and any others fees charged by a landlord, but does not include utilities. If 60-days' notice is not provided, it may be a defense to a landlord's action to enforce the increase, and the landlord could also be found liable for any actual damages resulting.See question
my husband started a sub contracting construction business and we are will be divorcing. I help with the daily operations of this business and even do payroll and all other bookkeeping position in the office. We do not have a prenup. What's the ...
This is something that would be suited for the family law/Divorce and separation section. I'm moving it over there.See question
My landlord crossed out 20 days notice on my lease, wrote in 30 days, and had me initial next to the amendment. Am I bound to 30 days or can I still give 20?
In Washington, 20-days is the minimum amount of time needed for a notice to terminate a tenancy. This is applicable only for month-to-month tenancies, however. If you are on a lease, the lease terminates at the end of the term automatically and no additional notice is required. Usually these sorts of provisions are included to cover situations where a term ends but the parties continue month-to-month. In this case, if the lease provides for great notice, the lease will control and you will have to comply with the 30-day requirement. Also, in the city of Seattle, you will have the Just Cause Eviction Ordinance to consider too. While a tenancy would leave freely at the end of a lease, a landlord cannot evict or otherwise terminate a tenancy without having "just cause" as the Seattle Ordinance defines it. I agree with the previous answer, it would be a good idea to buy some time to have your situation reviewed with an attorney.See question
I am in WA state. My repairs are for $1,756.67 and our signed estimate says $30 a day for vehicles left over 30 days. It's been 11 months
This would not be a mechanics lien, but a chattel lien under RCW 60.08. You will want to follow the procedures set forth under that statutory scheme instead. Enforcement typically falls under RCW 60.10 regarding personal property liens and summary foreclosure processes. RCW 60;08.020 provides the form that the lien should take, and you would record a copy of this with the county recorder where the owner lives. You should also send a copy of the recorded lien to the owner by regular and certified mail. You will then have 9 months to enforce the lien.
This can be a tricky process, however. You ultimately may be better off seeking a small claims action since you may not get priority over any other prior lien-holder on the vehicle. You should consult with an attorney familiar with filing and enforcing chattel liens. Often they will engage the matter for a flat fee.See question
I have been having issues with getting my washer and dryer repaired by the landlord. I have recently sent them via certified mail a request to have the washer and dryer repaired and I am wondering how long I have. Is it 10 days? Or is the washer c...
The Washer and Dryer would likely be considered appliances supplied by the landlord. The Landlord Tenant Act imposes a duty upon landlords to maintain any appliances supplied with a rental unless any damage needing repairs is caused by the tenant. This would not include basic wear and tear, but would be damage caused by misuse or intentional damage. Because it is an appliance, it would not be a major plumbing fixture. That would be something like a hot water heater, or well pump. The landlord here would have 10 days to begin addressing the matter.See question
Hi, I live in Canada, This morning while I was eating breakfast I heard some one is knocking the door. I wanted to go to open the door, but before I reach the door I saw that somebody is trying to use the key to come inside my house, I scared and...
I do not know about Canada. You will want to ask someone who practices Canadian law. However, in Washington, the landlord or manager my either have your permission, which as a practical matter would be something like asking you in person and you letting them in, or they must give you at least 48 hours written notice. There is also an exception for emergencies, such as needing to shut water off if a pipe breaks in your unit, for example.
RCW 59.18.150(6) provides: Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' written notice of his or her intent to enter and shall enter only at reasonable times. The notice must state the exact time and date or dates of entry or specify a period of time during that date or dates in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry. The notice must also specify the telephone number to which the tenant may communicate any objection or request to reschedule the entry. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.
If the landlord abuses the right of entry, they could be liable for up to $100 per violation if it continues to happen after you provide written notice in good faith alleging violations of this section. Written notice means actually writing the notice out and giving a copy to your manager or landlord. It is not a text message or an email. You may want to give the manage a notice about this and be sure to date it and keep a copy for your records.
This may or may not be similar in Canada.See question
We signed a 15-month lease in July 2014 with no notary present. We since found out that anything longer than a year lease is illegal without it being notarized. We're now under contract to purchase a home, and need to get out of our lease. Does...
The Landlord Tenant Act requires leases greater than a year to be acknowledged under RCW 59.18.210. If they are not, as you state here, then the default is often that it gets treated as a month to month tenancy unless there are other equitable reasons that might require otherwise. The terms remain the same and enforceable, such as the rental price, rules and regulations, and so forth. In order to terminate, you would need to provide your landlord written 20-day notice to vacate. This must be given at least 20-days before the end of the month. It must be in writing and given to the party you pay rent to. Text messages or emails will not be sufficient. Please put it in writing. You may also want to discuss this further with an attorney who can help you provide the notice as you may get some push back from the landlord, and to see if any potential equitable factors exist that might work against making the lease a month to month. An attorney can assist you in clearly explaining the law here.See question
Stop notice form, is it meant to be filled by contractor or sub contractor. Can Primary contractor file stop notice?
A stop notice is provided by any contractor to the construction project lender who is a potential lien claimant. A contractor must follow the provisions of RCW 60.04.221, which allows: "Any potential lien claimant who has not received a payment within five days after the date required by their contract, invoice, employee benefit plan agreement, or purchase order may within thirty-five days of the date required for payment of the contract, invoice, employee benefit plan agreement, or purchase order, give a notice as provided in subsections (2) and (3) of this section of the sums due and to become due, for which a potential lien claimant may claim a lien under this chapter." It is like a lien, and is subject to similar requirements. I would read this statute carefully.
Whether the claim is legitimate depends upon the terms of your contract. Whether a stop notice if filed or not, you should spend some time with an attorney to review your situation and see what your rights and/or liabilities may be under the circumstances. If you fired the contractor, what was the reason or breach, did you breach, are you headed toward a lawsuit? You will want to consider these issues and if possible, be proactive instead of reactive.See question