I allowed a roommate to move in after her house had been foreclosed and she had no where to go ( and did not put her on the lease with me due to her bad credit from foreclosure and bankruptcy) and has since then received numerous noise complaints from the neighbors and has become hostile. I served her with a 30 day vacate notice, and since then, the police have been here twice on noise complaints and she has continued to be hostile. Although I already served her with a 30 day notice (which she has 3 weeks left), am I able to serve her a 3 day notice for causing a nuisance and not complying?
Personal Injury Lawyer
The Residential Landlord Tenant Act (RLTA) is at RCW 59.18.
The eviction process is called an "unlawful detainer" action.
An action for "nuisance" is an entirely different action in tort.
Catholic Community Services Legal Action Center provides some assistance with Landlord/Tenant problems sometimes. http://www.ccsww.org/site/PageServer?pagename=housing_legalactioncenter
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
Landlord / Tenant Lawyer
A three day notice for nuisance is one of the more difficult ways to remove a tenant. A 3 day notice for nuisance almost requires and illegal activity defined by the Washington criminal code, or an actual arrest. That notice must be made with very specific details and very specific times. It is always highly recommended to not use a nuisance notice but instead look for another way.
An important question is whether or not she is a tenant. Does she pay rent? Is there some type of agreement that you have worked out by which she earns her keep (dishes, pays water bill, etc)?
This answer is for informational purposes only and should not be construed to establish an attorney client relationship. Before taking any legal action, it is always advisable to discuss your specific situation with an attorney.