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Can a landlord in WA state proceed to lock you out without any notice of default, or "pay or vacate" noticeCan a landlord in Washington state proceed to lock you out without any notice of default, or "pay or vacate" notice under the commercial laws for Washington state? I am in the process of curing a default in rent, but a lockout was threatened by the management. Do commercial evictions have to follow the unlawful detainer action laws for Washington state, or can this just be done by "self-help" under the landlords choosing? I am really confused by this and money is better spent fixing the rent default than paying an attorney at the moment. In a side note, can a tenant withhold triple net from a landlord if maintenance, cleaning, and structural repairs are not made? Also, I have a dispute with the landlord about lights that the previous tenant damaged and landlords management has promised to fix to no avail, but I do not know what my options are because of the current rent default. Can I repair these even though I notified the landlord many times, and deduct this from my rent that is in default? Attorney answers (2)
Reputation Level 20
Answered about 3 years ago.
Landlord / Tenant Lawyer in Tacoma, WA.
Hello: commercial unlawful detainers are statutory in WA. Commercial tenants do not have the protections of the residential landlord tenant act, but there is no mechanism for a self help eviction or lockout.There is a procedure for notice to be given, most usually a 3-day pay or vacate notice. Once the compliance period has ended the landlord has standing to commence an unlawful detainer. The tenant is entitled to be served with the summons and complaint. If the tenant answers in writing, the tenant is entitled to a hearing, where a writ will probably be issued and a judgment entered for unpaid rent, and attorney fees and costs.
Google Olin v Goehler, great case on a lockout in a commercial setting. You can raise any issue you have as a setoff. However, you cannot make a counterclaim unless possession is not at issue. Always give notice in writing of repairs, and don't deduct for repairs without a clear written agreement with your landlord. Hope this helps. Elizabeth Powell 1 person marked this answer as good
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Reputation Level 20
Answered about 3 years ago.
Landlord / Tenant Lawyer in Tacoma, WA.
Hello: commercial unlawful detainers are statutory in WA. Commercial tenants do not have the protections of the residential landlord tenant act, but there is no mechanism for a self help eviction or lockout.There is a procedure for notice to be given, most usually a 3-day pay or vacate notice. Once the compliance period has ended the landlord has standing to commence an unlawful detainer. The tenant is entitled to be served with the summons and complaint. If the tenant answers in writing, the tenant is entitled to a hearing, where a writ will probably be issued and a judgment entered for unpaid rent, and attorney fees and costs.
Google Olin v Goehler, great case on a lockout in a commercial setting. You can raise any issue you have as a setoff. However, you cannot make a counterclaim unless possession is not at issue. Always give notice in writing of repairs, and don't deduct for repairs without a clear written agreement with your landlord. Hope this helps. Elizabeth Powell 1 person marked this answer as good
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