We have been given a 20 day notice, we are currently renting month to month. We plan on seeing our landlord in court because we feel that we were served in retaliation to our complaints. Complaints the landlord did absolutely nothing about both times, except for serving us, only after complaints were reported by us , which totaled 2 times. Property damage(to our car) incurred because the tenant below us was breaking at least 5 city ordinances. Besides property damage, some of the issues we addressed in our complaints could ultimately affect our health.The landlord refused to address either.
If the place is so bad, why are you fighting so hard to stay there? This should be an opportunity for you to move to a better place.
The 20-day notice to vacate a month to month tenancy is no fault. In Seattle, a landlord needs just cause to terminate a month to month tenancy.
For the rest of WA, the landlord just needs to proper notice to end a month to month tenancy. The landlord does not need any reason to end a month to month tenancy. The landlord cannot retaliate against the tenant for the tenant's exercise of the tenant's right under the Residential Landlord-Tenant Act. The tenant would have to prove retaliation. What you wrote in your post does not seem to be retaliation.
Crossing a street "could ultimately affect [my] health" too. But what does that have to do with my tenancy? That is, you need to clearly link whatever your complaints are to your rights under the RLTA.
It is not the landlord's attorney whom you must convince that you are right. You need to convince the judge.
You should keep in mind that most landlords would not rent to you in the future regardless of the outcome of the current case. Most landlords would just refuse to rent to a tenant who has been a defendant in an unlawful detainer case.
You should review the specific facts with your attorney to find out your legal options.
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