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  1. #1
    Join Date
    Jul 2005
    Location
    Washington
    Posts
    3

    Default Illegal Eviction?

    my house was sold last month and i was late on my rent this month, it was due on the first. I advised my "acting property agent" on the 30th of june and let him know that we would have the full rent on the 15th of july. He said that was fine(just like last month). We also had a verbal agreement that started May 1 that we would be responsible for landscaping in the amount of $150.00 a month that would be taken off the rent. We have reciepts for the monts we did this. Then on the 8th of july we were served with a 5 day evcition notice.

    My rental agreement states:
    6) DEFAULT: LESSE IN DEFAULT IF ANY OF THE FOLLOWING OCCURS:
    a) fails; to pay rent by the 1st day of the month
    b) fails to comply with any terms and conditions of this agreement
    if default occurs, lessee will be given three days to cure such default, and in the event the default is not cured, lessor may terminate this agreement and evict lessee from premises. If eviction is instituted because a default has not been cured, lessee agrees to pay rent for the remaining term of the lease or until re-rents premises, whichever comes first.

    My eviction notice states:
    as per the rental agreement signed and executed....you agreed to pay 800.00 on the first of each month.
    As per paragraph (6) DEFAULT, section (a) and section (b) have occured. Therefore, your rental agreement is terminated.
    Please vacate the premises in an orderly manner within the next five days.
    signed by Acting as an agent for the property owner.

    ok, so, not only are they asking for the wrong amount for rent (we did mow this month), they told us it would be fine to pay late, she wrote the eviction notice for 5 days, and I have also repeatedly asked for our new owners name and phone number, which has been refused. Our "acting agent" says she will relay all messages and we don't need to speak to the owner. Do any of these things possibly make this eviction invalid??
    As far as I know our "acting agent" may be telling the new owner that we are refusing to pay completely. I believe if we were to able to speak to the owner he would be more than happy to recieve our rent on the 15th.
    I live in Washington state, NOT in Seattle.
    Any info or advice would be great.
    thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default "Acting Property Agent"

    Who is your "active property agent", and what is that person's relation to your landlord?

  3. #3
    Join Date
    Jul 2005
    Location
    Washington
    Posts
    3

    Default

    they are the people who have been remodeling other rentals on this same property. They are who we have been paying our rent to since feb when we moved in. they were friends of the previous landlord and their remodeling has taken over a year. they started remodeling our house & never finished. they started remodeling the other 1/2 of our 'duplex' and when the sale took place they quit working on that half. the people from the third house moved out so the new owner had them start remodeling that property so he(owner) could move in. So technically there is a work relationship between them. These people were getting free hotel stays from the prevoius landlord because they are all from Canada. When the new owners took over, he(owner) wouldn't pay for hotels, so they(agent) made the other1/2 of my duplex liveable, so they are living there rent free until the remodel is done. (if we move they will have to do my place too...more free rent for them.) when they(agent) move out the rent will be 1100.00 a month where they have been staying for free.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Dealing with "active property agent"

    The issue, then, becomes more complex. It would become necessary to establish that the "active property agent" had actual or apparent authority to bind the landlord to these agreements, in order to bind the landlord to those agreements.

  5. #5
    Join Date
    Jul 2005
    Location
    Washington
    Posts
    3

    Default

    so is my eviction notice valid?
    don't they at least have to give me the owners name and ph #?
    Is a 5 day eviction legal?
    What happens if i try to pay my rent on the 15th? do they have to take it?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Eviction

    The notice is valid on its face - it is up to you to prove your side agreements, and to prove them enforceable against your landlord. That will probably require that you have a trial on the eviction case. You may wish to seek help from a local real estate lawyer who defends landlord-tenant actions.

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