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James Lawrence Studt

James Studt’s Answers

6 total

  • We had two tenents sign alease for one year , one of them moved out and left the other to take care of of the lease.

    The one left moved three other people in to the house and never notified us , when we found out the tenent gave us the opption to accept the other people or what ever we wanted to do . I emailed him apps for them he never returned them , I emailed...

    James’s Answer

    Unfortunately, E-mail is not sufficient or proper service for a notice to vacate the premises pursuant to RCW 59.12.040. The notice must be either hand delivered to the occupant or posted on the property AND mailed to the property. You can find several guides here on AVVO that will tell you how to properly serve eviction notices. The statute dealing with eviction notices is RCW 59.12.030 and the statute regarding serving the eviction notices is RCW 59.12.040. The notices are the first step you will need to take to begin an eviction lawsuit to get your property back. You should contact a landlord tenant attorney where the property is located for assistance obtaining possession of your property.

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  • Can my month to month lease be terminated without cause ?

    We have paid rent on time for 2 yrs. The lease ended and I have given 30 days notice. The owner emailed to let me stay another month as I have yet to locate another place. I continue to pay on time. Now the Mgr tells me they leased it to someo...

    James’s Answer

    RCW 59.18.200 and RCW 59.12.030(2) deal with termination of month-to-month tenancies. You should read those statutes to determine your rights.

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  • The renters moved in and have not sighned any lease agreement ,being month to month or longer. they refuse to leave and havenot

    paid any rent or electric or damage dep.how can i get rid of them legally

    James’s Answer

    Your question is, unfortunately, not a simple one. However, the short answer is that the unlawful detainer statute (RCW 59.12 et seq) governs how you evict tenants. If the tenants have failed to pay rent, then a landlord may issue a three day notice to pay rent or vacate pursuant to RCW 59.12.030. If the tenant does not move out after the expiration of the three day notice, then the landlord can file an eviction lawsuit against the tenant. The unpaid utilities and deposit cannot be included in the notice to pay rent. Also, landlords cannot collect a damage deposit without a written lease agreement and a signed property condition checklist pursuant to RCW 59.18.260.

    In Washington, landlords may not engage in self-help evictions. In other words, landlords must obtain a court order allowing them to evict the tenants or the tenant must agree to move out. If a landlord simply changes the locks on a property without a court order or the tenant's agreement, then the tenant can sue the landlord for $100.00 per day (up to $1,000.00) that the tenant is locked out, plus the tenant's attorney fees and costs. I would suggest that you find an eviction attorney in Spokane to assist you with your eviction. You can, of course, pursue an eviction lawsuit yourself, but there are many traps for the unwary. If you intend on pursuing the eviction yourself, make sure you comply with the statutes involved.

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  • Cockroaches

    is it illagel for a realtor to not say anything to the tendant about cockroaches being in a building before renting it to them?

    James’s Answer

    You may also want to look at RCW 59.18.060(4), 59.18.070, and 59.18.090. If you search online with any search engine, you will get to the Washington Legislature page, which has the full text of these laws, which deal with landlord responsibilities in Washington.

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  • Where can i find a low cost lawyer in spokane wa for education

    I have been wrongfully accused of cheating, and Im looking for some laywers in spokane wa to support me. I am unable to find a lawyer online, can someone point me in the right direction, or be my lawyer. Thank brandee

    James’s Answer

    You may also want to try the Northwest Justice Program. www.nwjustice.org Even if you might not qualify for pro bono representation‚ the Spokane office may be able to refer you to a lawyer who can take the case on a reduced fee basis through the GAAP program.

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  • Estimate versus actual bill

    I went to a local car dealership to get my car fixed and recieved an estimate of 241.00; I gave them the OK to do the work. When I arrived to pick up the car the price became $529. What are my rights to have gotten the repair completed for the est...

    James’s Answer

    You can find your answer in RCW 46.71.015 and 46.71.025. A repair facility must either 1) provide the customer with a written estimate that the customer signs, or 2) provide the customer with a form waiving the written estimate, which the customer signs. Generally, the repair facility cannot charge a customer more than 110% of the written estimate (excluding sales tax), unless the customer authorizes a higher amount prior to the work being performed. If the repair facility fails to obtain written or verbal authorization for additional charges, the repair facility may be barred from certain rights and the customer may be entitled to bring suit. If a repair facility violates RCW 46.71.015 or 46.71.025, then the repair facility may have also violated the consumer protection act, which allows the customer to file a lawsuit. In such a lawsuit, the consumer may be entitled to an award of triple damages (up to $10,000.00) and to have the repair facility pay for the consumer's attorney fees. I would advise you to contact a consumer protection attorney in your area to discuss the matter.

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