Can a landlord serve a 3day notice to QUIT for drug related activities even though the accusation is false and untrue?

Asked over 2 years ago - Everett, WA

received notice for the following reason: "The smell of the substance that is coming from your apartment can be smelled in other apartments."

Attorney answers (2)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . The landlord (or the tenant) can serve any notice the landlord (or tenant) wants. Serving the notice does not cause the tenant to disappear from the premises (unless the tenant wants to move out).

    The landlord would need to prove to the court that statutory requirements are met for the court to sign a writ of restitution ordering the sheriff to remove the tenant from the premises. That is, the tenant has a chance to show that "the accusation is false and untrue".

    The landlord is not required to be right. The landlord is only required to act in good faith. If other tenants are telling the landlord that "The smell of the substance that is coming from your apartment can be smelled in other apartments", that likely is good faith.

    On another hand, if the tenant is on the premises in a month-to-month basis, the WA landlord (except in Seattle) does not need any reason to end the tenancy as long as statutory requirements are met. Either the landlord or the tenant can end a month-to-month tenancy by providing the other side with the appropriate written notice.

    So, if you are in a month-to-month tenancy, contesting the notice may not productive as the landlord can end the tenancy by following the statutory procedures.

    If you are in a month-to-month tenancy, you likely should arrange with the landlord so that you have some time to find a new place to live.

    The WA Residential Landlord-Tenant Act is at http://apps.leg.wa.gov/rcw/default.aspx?Cite=59 .

    You can review your specific facts with your attorney to find out your legal options.

  2. Shawn B Alexander

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with the previous answer and would add you need to have a discussion with the landlord perhaps they have the facts wrong. Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are... more

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