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Ryan J. Weatherstone

Ryan Weatherstone’s Answers

806 total


  • Can a landlord make cosmetic repairs whenever they want?

    Our lease ended. We are now a month to month term. A few days into the change to a month to month agreement, we were given 20 days notice to vacate - the owner wants to sell the house. Because of wanting to sell the house, he wants to make all the...

    Ryan’s Answer

    In the City limits of Seattle, 90 day's notice is required to terminate a residential tenancy for the purposes of the sale of a single family home. You may want to contact the Seattle Department of Construction and Inspections at 206-615-0808 as they have the enforcement authority over the Just Cause Eviction Ordinance.

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  • Which court is the proper jurisdiction to file a landlord-tenant wrongful eviction filing/suit?

    I just called both Superior and District Court and neither of them could answer. Superior Court seems to think it's FED related (it isn't--it was a landlord self-help eviction done last year) and wasn't sure, and District Court said they think it'...

    Ryan’s Answer

    If you are not bringing an action to regain possession of the property and are only suing for monetary damages, there are a few courts that you could use depending upon how much you are claiming.

    Small claims court has a $5000 limit.
    Normal District Court has a $75,000 limit.
    Superior Court has no limit.

    Small claims court is probably the fastest in terms of getting a final ruling, then district court, and Superior Court can sometimes take over a year before your trial date.

    You may want to discuss you specific facts with an attorney.

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  • How do I get rid of this tenant???

    I have a house in Tacoma WA. I have rented out rooms. The owner of the property has served notice to vacate as she wants to renovate her house and have her family move in. Everyone left except one person. She will not leave! She has mental issues...

    Ryan’s Answer

    If you are the one that rented out the rooms and collected the rent, then you may have a subleasing issue. If that is the case, then you may be the landlord and it may be you who has to hire the attorney to bring an eviction action against the hold-out tenant. Contact your local bar association for a referral to a competent landlord-tenant attorney.

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  • SEE BELOW.

    CAN I LITIGATE AGAINST A FRAUDULENT BANK FOR ILLEAGALLY EVICTING ME FROM MY RENTAL HOME IN WHICH I HAD A BONAFIDE YEARLY LEASE...THAT I SIGNED ....UNDER ... THE "PROTECTING TENNANTS IN FOR CLOSURE ACT OF 2009"? AND DID NOT OWE any rent to? Attny ...

    Ryan’s Answer

    The Protecting Tenants in Foreclosure Act expired on December 31, 2014.

    Under the Washington Deeds of Trust Act, a lease is viewed as an encumbrance on the property (tenants interest). If that lease is junior to the Deed of Trust taken out by the bank, the bank can foreclose upon the tenants interest if the proper notices are provided and served in accordance with RCW 61.24. Because the Legislature specifically stated the methods of service, they would be considered time and manner requirements and must be strictly adhered to by the bank. Failure to strictly follow the time and manner requirements of the statute may mean the tenant's interest was never properly extinguished in the foreclosure process. This is probably an issue that you need to review with your attorney.

    It appears that you were served with a summons and a complaint with a response date. If you responded timely but the response was not recognized by the bank's attorney, you may need to discus how to reopen the case with your attorney.

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  • Removing Tenant

    King County WA. The Tenant is on a Month-to Month Lease. The Lease states I must give the Tenant 30 days notice to vacate the premises. If the Tenant fails to comply with the terms of the Lease ,and remains on the premises beyond the 30 days, i...

    Ryan’s Answer

    1) If the tenant fails to leave after the proper service of a valid 30 day notice to terminate the tenancy, they would not be criminally trespassing, but they would be in unlawful detainer.

    2) The unlawful detainer (eviction) process is not lengthy. The unlawful detainer procedure is actually a shortcut process that has priority over most other civil type cases. A competent landlord tenant attorney should be able to complete the process in under 30 days if there are no unexpected surprises. 30 day's is a lot shorter than the other alternative of an action for ejectment. An ejectment has a normal civil case schedule with no priority and can take anywhere from a minimum 2 months to 2 years to complete.

    3) At the completion of the unlawful detainer process, the court may order the sheriff to remove the tenant and the tenants property from the premises.

    4) This area of law is not self-help friendly. There are many procedural requirements that must be strictly adhered to in order to successfully complete the unlawful detainer process. It is wise to hire an attorney to help you with an unlawful detainer as it will most likely save you time and money.

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  • Can i get my roommates kicked out/evicted?

    My 2 roommates are constantly playing their music loud after quiet hours. Several times I have asked them to turn the volume down, and instead they act out and do things like eat my food, throw it away, and make a mess as "payback". Ive considere...

    Ryan’s Answer

    If your roommates are on the lease in the same capacity that you are on the lease, your roommates have as much of a right to possession of the property as you do, so you would not be able to unilaterally kick them out . . . . even if you pay a $35 fee to someone. Only the landlord would have standing to terminate the tenancy and it if the lease is unexpired, there are limited situations in which that could happen.

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  • WA state tenant is 2 months behind in rent how to proceed with eviction process and any partial rent payments he makes

    I have a tenant who is continuously late on rent anywhere from one month to two months late.Apparently I am a sucker for the promises of ill have it soon but now I have had enough and want to proceed with the 3 day notice He has informed me th...

    Ryan’s Answer

    There is a situation when the tenant can pay the past due amounts. If the tenancy is not month to month and is in an unexpired lease agreement (ex. 7 months into a 12 month agreement), the tenant may be able to come up the full costs of rent and costs within 5 days after the court enters an order for a writ of restitution and reinstate the tenancy (see the bottom of RCW 59.18.410).

    The previous posters have given you great advice regarding the bank account.

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  • Is it too late to stay writ of restitution when landlord claims stipulation agreement was not upheld for rent not received?

    Received summons Oct for late rent. Came to an agreement with Property Mgr entering into a negotiated move-out stipulation-pay Oct rent (done) & Nov rent on regular due date + agreement drafting fee & move end Nov because of the rental increase. O...

    Ryan’s Answer

    Unless the sheriff has physically evicted, you may try to ask the court for a stay of the writ of restitution. The Housing Justice Project at 316 3rd Ave (Courthouse) assists tenants in landlord tenant disputes. Their hours are from 8-10:30 Monday through Friday. You may want to give them a visit ASAP.

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  • CAN A LANDLORD CHARGE FOR PADDING IN A RENTAL HOME?

    THE CARPET AND PADDING IS OVER 7 YEARS OLD. I KNOW THERE IS A DEPRECIATION ON THE CARPET, WE ARE JUST TRYING TO SEE IF THE PADDING FOLLOWS THE SAME 7 YEAR DEPRECIATION RULE OR IF THE PADDING IS SEPERATE.

    Ryan’s Answer

    Carpeting in a residential home has a depreciation life of 5 years per the IRS. I do not see why this would not include the padding.

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  • Is It legal for a Landlord to Evict Me Under these circumstances? ( Without Legal Notice) Please Read

    I was behind on my rent and my landlord was accepting payments from me, he hand wrote me and eviction notice to take to a local church to see if they could help me with back rent. He illegally entered my home and set it on my table for me to get w...

    Ryan’s Answer

    It is illegal for a landlord to enter the property without the tenants permission. It is very illegal for a landlord to conduct a self help eviction. You may want to consider discussing the specific facts with an attorney that may be able to file a suit on your behalf.

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