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Roommate Moving Out Month to Month Lease on Short Notice

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  • 02-16-2012, 01:36 AM
    alw402
    Roommate Moving Out Month to Month Lease on Short Notice
    My question involves landlord-tenant law in the State of: Washington State.

    My roommate officially informed me on 2/13 that they would be moving out of our shared apartment on 3/10 (they had previously (informally) mentioned they would be moving when a one bedroom opened up and informed me on 2/10 that they had been informed that a one bedroom would be available in March, but did not know when in March). We had a lease, but it ended a couple months ago and is on a month to month lease now. I was not given official notice that they would be moving until 2/13 (which left less than the 20 day notice required to move/give notice). When I mentioned that the 20 day notice had not been met they informed me that they had worked it out with management to move on 3/10 and had apparently given them their notice in February. Both our names are on the lease/both signed the lease. How does it work when one person gives notice/works it out with management/landlords, but the other is not informed in time? Even if they have apparently worked it out with the management of the apartment are they still obligated to give the roommate 20 days and/or retain responsibility for the remainder of March? They (the roommate) are telling me I have to leave on 3/10 as well. I am not going to be able to afford to move with that short of notice and probably will not be able to afford the rent for the month. When we moved in an extra deposit was paid (equivalent to a months rent). Can that be used for the last months rent if I give notice in March?

    Thanks
  • 02-17-2012, 08:10 AM
    Mr. Knowitall
    Re: Roommate Moving Out Month to Month Lease on Short Notice
    You haven't shared information about what your lease says about the termination of the tenancy by one roommate. Depending on the terms of your lease, it may be that the notice to the landlord effectively terminated your current month-to-month arrangement entitling you to also move out on March 10. That appears to be what your roommate has told you will occur, so you had best read your lease to confirm your rights and talk to your landlord if you're not planning on moving out. If your lease is scheduled to end on the 10th and your roommate is paying rent through the 10th, you can either work it out with your landlord to remain as the sole tenant (or with a new roommate) or you can move at that time if you do not wish to remain as a tenant.

    A security deposit is not a rent payment - it's a security deposit. If you fail to pay your rent you can be evicted. But if you choose not to communicate with your landlord, you may find that he's expecting you to move on the 10th, period, and will commence an eviction action even if you try to pay your rent.

    So again, talk to your landlord.
    Quote:

    Quoting RCW 59.18.200. Tenancy from month to month or for rental period — Termination — Armed Forces exception — Exclusion of children — Conversion to condominium — Notice.
    (1)

    (a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other.

    (b) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependant, may terminate a rental agreement with less than twenty days' notice if the tenant receives reassignment or deployment orders that do not allow a twenty-day notice.
    (2)
    (a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least ninety days before termination of the tenancy to effectuate such change in policy. Such ninety-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the ninety-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.

    (b) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least one hundred twenty days before termination of the tenancy, in compliance with RCW 64.34.440(1), to effectuate such change. The one hundred twenty-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the one hundred twenty-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant.

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