What happens after the 3 day notice is served?

Asked over 4 years ago - Bremerton, WA

what happens after u recieve a 3 day pay or quite notice and u are not able to pay what happens next do u really have to leave or is there a court processes to go through next? im staying with my ex husband and this has happened and i need to no how much time i have to get my stuff out of the apartment? please help

Attorney answers (1)

  1. Elizabeth Rankin Powell

    Contributor Level 20

    Answered . After the three days passes, your landlord can file a summons and complaint for unlawful detainer. The landlord has to have you served with the summons and complaint and any associated orders, such as a an order requiring you to appear for a hearing. You have to be provided at least seven days between the time you are served and the date your answer is due, which has to be before any hearing.

    Unlawful detainer jurisdiction will not lie if you no longer reside in the property, "No longer reside" means that you have removed everything from the premises and returned the keys to the manager or owner.

    If you do that, the owner or manager can amend their complaint and sue you for a judgment for unpaid rent and other money they allege you owe them, but they cannot sue you for unlawful detainer if you don't live there.

    Many landlords know that unpaid rent is completely dischargeable in bankruptcy and so chasing down and suing a person who can't pay their rent can be a futile exercise. They are better off to focus on finding a new tenant and getting the rents coming back in. I can't promise you how this is going to turn out, but if you are out of the property - completely - there is a better chance that you won't get sued.

    Hope this helps. Elizabeth Powell

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