Tenant is on 1-year lease with 7 months remaining and occupies MIL unit of main house. My understanding is that Issaquah does not have its own written tenant/landlord regulations and has adopted the Washington State/City of Seattle landlord/tenant regulations which state that landlord may termanate tenancy if significant other is to occupy unit, but does not specify proper/legal terms in which to do so. Tenant has also violated no-smoking addendum and unit needs to be repaired from such damages before significant other can occupy; can tenant be made responsible for expenses and lost rental time while repairs are made? WA/Sea regulations also state that if owner desires to stop sharing ADU in owner occupied house that lease may be terminated. Which would be most appropriate/fair to tenant?
I was not aware that Issaquah had adopted Seattle's Just Cause Ordinance, I will have to look into that. Regarding terminating a tenancy that is currently under an unexpired lease, there is no way to do so without the permission of the tenant. A lease secures the tenants right to occupy the property for a specified period of time regardless of the landlords reason for wanting to terminate. If you want the tenant to leave, make them an offer they can't refuse. An offer to mutually terminate the tenancy early in exchange for money may entice the tenant to vacate.
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.
I'm pretty sure that Issaquah has not adopted Seattle's Just Cause ordinance, but rather tenancies in Issaquah are subject to the state rules, not Seattle's rules. If you have a lease for a year, you cannot terminate it on the basis that you want to have a relative move in.
If the tenant is in violation of the lease agreement, that is different. Tenant can be made resposnible for the damage you can prove and the lost rent, if any.
And finally if you can direct me to the regulations that allow an owner to stop sharing an ADU in an owner-occupied house, I'd be happy to look at those regulations and see if I think they apply to your situation. This is the first time you have suggested this is a multi-family dwelling.
And finally, law isn't about what is fair to the other party. The statutes and caselaw are designed so that a property owner can enforce their private contracts subject to the RLTA, and tenants can have a modicum of stability and predictability in their rental housing. Fairness is the least of it.
Hope this helps. Elizabeth Powell
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