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  1. #1
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    Dec 2016
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    Default What Notice Do You Have to Give on a Weekly Rental Agreement

    My question involves landlord-tenant law in the State of: Washington

    A loved one of mine just broke up with her boyfriend. He owns the house, and she has paid him weekly for rent since they moved in together. There is no rental agreement or anything in writing. It was just a "I'm pitching in on the mortgage" kind of thing.

    Now he obviously wanted her to move out. He told her move at the beginning of March, and gave her two weeks to find a place. Then he changed his mind and told her she CAN'T move until the end of March because he wants the rent, can't find a renter, and he is claiming she can't move because she hasn't given notice according to landlord tenant laws.

    So, does she need to give notice, or can she just move out?

  2. #2
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    Default Re: What Notice Do You Have to Give on a Weekly Rental Agreement

    She is entitled to receive or to give twenty days notice. RCW Sec. 59.18.200. She can move out any time that she chooses -- but she may continue to owe rent for the remainder of a legally proper notice period. She can move out based upon his notice, even if it was not legally proper, even if he later tries to retract or extend his notice period.

  3. #3
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    Dec 2016
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    Default Re: What Notice Do You Have to Give on a Weekly Rental Agreement

    Thank you. One clarifying question. He originally told her about two weeks ago to move out by the end of this week. He even called my husband on February 15th as a side discussion hoping to solicit assistance in getting her moved out.

    So if I am understanding you correctly, then she is already approaching the end of the 20 days notice, which would be March 9th. Is that correct?

  4. #4
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    Default Re: What Notice Do You Have to Give on a Weekly Rental Agreement

    "Told" or written notice provided?

    "(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."

    Gail

  5. #5
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    Default Re: What Notice Do You Have to Give on a Weekly Rental Agreement

    Quote Quoting gail in georgia
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    "Told" or written notice provided?

    "(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."

    Gail
    There has been nothing in writing at any point. Ever. No agreement. No rental amount noted. Nothing. That is why everyone was surprised to hear that he's trying to now claim landlord-tenant law would be in effect. It was a relationship break-up, and subsequent process of dividing person effects and trying to move.

    My sister is licensed in real estate and has been managing large apartment properties for decades. She said she believes it would get thrown out as a landlord-tenant relationship. But since she isn't actually a lawyer, I wanted to get some other opinions.

  6. #6
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    Default Re: What Notice Do You Have to Give on a Weekly Rental Agreement

    Even in the absence of a written lease (and because she has been paying him weekly rent) a court may view this as a month to month tenancy should he decide to sue over this.

    Gail

  7. #7
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    Default Re: What Notice Do You Have to Give on a Weekly Rental Agreement

    Quote Quoting gail in georgia
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    Even in the absence of a written lease (and because she has been paying him weekly rent) a court may view this as a month to month tenancy should he decide to sue over this.
    This person insisted on getting paid weekly, and wanted his now ex-girlfriend to stay so he can collect five weeks of rent during March. While what you are saying in theory makes sense, the details of the arrangement do not seem like they would qualify for that argument.

  8. #8
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    Dec 2012
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    Default Re: What Notice Do You Have to Give on a Weekly Rental Agreement

    So tell your loved one she has two options...

    1. Move out and don't pay rent and see if the ex-boyfriend sues her in small claims court for these funds.

    2. Provide the required 20 day notice in writing, move out but continue to pay the weekly rent until the 20 days are completed.

    She doesn't necessarily have to stay there. She might need to continue paying the rent (after providing the appropriate written notice) for the next 20 days or until a suitable replacement tenant is found.

    Gail

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