I received a 3 day pay or vacate notice for a late fee from July that I was not aware of. My rent check bounced in July. I received no notification and found out on my own when I called to check my account balance. I took a money order in the next...
In most cases a bounced-check fee would not be rent, and so it would be improper to include it on a 3-day notice. As noted, courts will probably allow the late fee if it is in your lease. A court should put a reasonable cap on a late fee - it must reflect the landlord's actual damages when he accepts rent late. If your returned-check fee is $35 then the late fee was $59, which is probably not unreasonable.
If 3 days has already expired, try to negotiate to pay the fees in 9 days. If you still have time, make every effort to pay before the 3 days is up (if the notice was delivered on the 1st, then the last day to pay is the 4th - you don't count the day of delivery.) It is very difficult to win an eviction suit for non payment. If you don't pay in time and your landlord files an unlawful detainer, you may try the defenses of the late fee being too high and the check fee not being rent.See question
We recently went to court for a modification and my girls' mom attempted to try and get the judge to court order we use our family wizard as form as communication. The judge did not order it and now my ex is refusing to answer any questions on the...
Generally, the parenting plan states that you have the right to be informed by calling the school, coach, and so forth, not that the other party has to keep you up to date.
How expensive is this family wizard? If not too much, offer to split the cost and use it. There is no practical way to force your ex to speak with you.See question
One of my roommates decided to lie to the management and said that i approved of some stranger taking over her lease. when i told the manager that I didnt approve or even meet the stranger, they told me that I still have to cover the roommates ren...
This depends on your lease. Most likely, you are each liable for the entire amount of the rent. They will come after whoever is most convenient, or whoever they think has some money.
Also, they probably don't have to approve whoever you bring in as a replacement. That new person will need to pass any background checks there are for new tenants.See question
We received a 48 hour notice and the name of the lease holder listed on the notice was my husband and my minor son. My name was not listed on there as all. My son's name was basically in their system as being the second lease holder of the apartme...
The notice was legal if it had your name on it and you are named on the rental agreement.See question
My girlfriend and I split up. I've lived in the home for over a year and pay all the bills and mortgage. Can she put me out and if so how long before I have to leave. I want to move but I can't financially at this time.
As Mr. Hall mentioned, you are probably not a "tenant" under the landlord-tenant law. If that were the case, she might have to resort to a traditional suit to remove you. She would have to give you proper notice, perhaps 30 days, but then she might quickly win through summary judgment, and a loss there can include attorney's fees.
The previous advice was good. Don't stay where you are not wanted and do not have any ultimate right to be.See question
Well I moved into my residential home a triplex about three and a half years ago and my landlord never made me sign a lease or written rental aggrement on or before the day I moved into the resident it has not fire detector inside it seems about e...
You have asked several questions:
First, if you never signed a lease or rental agreement then you have a month-month tenancy governed by the Washington landlord/tenant statutes 59.12 and 59.18. Anything you and the landlord have agreed to by doing it regularly is also probably part of the assumed agreement. So, a late fee might be grandfathered in by this time, but my GUESS is you would not be evicted over the late fee if a court had to decide.
You are generally liable for your rent no matter what else is going on. The proper way to handle things like improperly functioning sewer systems is to give notice as described in Washington statute 59.18.070 and then follow up with the procedures in 59.18.110. Note that 59.18.080 says you must be current in rent before proceeding under 59.18.070 and 59.18.110.
59.18.100 can theoretically be used to discount the rent retroactively - that is you argue that you were paying too much for a place with bad plumbing, that your overpayments over the past year add up to more than you currently owe, so you don't actually owe any rent. This is worth adding as a defense if you can't pay the rent and you have nothing to lose, but it is a very difficult case to prove and win, and you may be found barred from raising it because of 59.18.80
The short answer to the question I think you are asking is that you must pay your rent or you will most likely be evicted. A court will not excuse you because of claims for prior bad service by the landlord.See question
I am going back to school to get a masters. Part of the requirement is an unpaid, year-long internship. This is going to be a huge financial burden on my family. Can I ask the courts to increase the amount of child support my ex pays during this p...
I also think it is unlikely you will win this. However, if you are coming up on the 2-year mark you should be able to have the support reviewed without justification. If you came into that hearing with your income already reduced - that is you have gone back to school and your reduced income is a fact, and if the master's were in something likely to generate significantly more income in your household once you finished, and if you are the primary parent so the increased income would help the child, then you might have had a shot. If you had been enrolled in a degree program when you divorced, the court would have taken your actual income into account - you could argue that this is essentially the same thing, and that when child support is reviewed, your true, current, income should be used.See question
The water bill is in our name and in the lease all utilities are to be paid the by tenant. She receives a copy of the bill in the mail late each month and pay from that bill. She pays the bill late each month, and the water co mails a shut-off no...
It looks like the provision in the lease re-defining utilities and late fees as rent is designed to get around the landlord-tenant law regarding 3-day notices. If I represented the tenant, I would argue that calling utilities rent is contrary to the clear purpose of the law and therefore that part of the lease is void. Don't know if I would win.
If she is paying the late fees on the water bill then I don't think you have the right to evict her. If she is not paying the water, or if you are ending up with the late fees, then a 10-day notice is the proper course of action.See question
My 16 year old refuses to follow our court ordered parenting plan. His reasons are his dad refuses to be respectful though demands to be respected. Dad "forgets" conversations and agreements between my son and dad and then my son is reprimanded ha...
I agree with the others' answers. However, you list many failings of the father's and you need to make sure that you are not enabling your son's rebellion. You say "it is important for you to spend time with your father, who loves you," not "I know it sucks but the court says you have to do it."
You are responsible for helping to maintain the bond between your son and his father and whether you have done so will be relevant in any contempt proceeding that comes up in this matter.See question
I have a 2 year old boy, I recently had another tenant get upset that I walked across pavement assigned as his lot. I did this because my son was exploring as usual, I meant no offense but then he became irate and told me it was unlawful. I may be...
It sounds like you are in adjacent rental houses or possibly a duplex? Usually, rental property includes common areas, and any other property associated with an individual unit is for the sole use of the person renting the unit. So, for example, if you were on his sidewalk, I would say he is correct. If it is a shared driveway he is probably correct as well but it would be harder to enforce.
This can be controlled by your rental agreement or your landlord's policies.
My advice is, if you recognize it as "his lot" and he wants you to stay off, you should stay off.See question