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September 3rd 2007 09:45 am

What is “Rent” - A Rose by Another Name

A notice to pay rent or vacate should demand rent.  Other items, such as unpaid utilities or deposits, belong on a “ten-day” notice to comply with the lease or vacate.

Inclusion of non-rent items renders the notice to pay rent or vacate defective.  The legal effect of the defect is debatable and an area of unsettled law.  Even if the lease purports to define utilities or other items as “rent” these is style over substance and probably unenforceable.

It is best to simply avoid the issue. 

 

Scott Eller

Washington Landlord-Tenant Attorney

Access Evictions TM

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