Most home sales go smoothly enough. Some do not. What if the seller refuses to move out? A new law protects buyers of residential properties when a seller refuses to move out after closing. Previously the buyer would have to go through a slower process called an ejectment action. Now the buyer can get the seller out through the expedited unlawful detainer process, which is what most people mean when they think of an eviction case. Certain conditions must be met before the buyer may bring the unlawful detainer action, rather than the slower ejectment process. The conditions are: 1) […]
eviction
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Ignacio and Norma had a valid lease and did nothing to warrant eviction. They renewed their lease for an additional year. One month later a new landlord bought the apartment building. The new landlord asked them to sign a new month-to-month rental agreement. The tenants refused, because the landlord was subject to the lease signed with the previous landlord. The new landlord sued Ignacio and Norma for eviction (“unlawful detainer” in legal-speak.) The parties settled. Nevertheless, because their names showed up in an eviction in court records and consequently on credit reports, they had a hard time finding a new […]
A recent published Court of Appeals unlawful detainer case ruled on the issue of whether a landlord may accept rent after service of a notice terminating a month to month tenancy. The court ruled that the landlord did not waive the notice to terminate tenancy. After having been served a notice to terminate their month to month tenancy the tenants sent money orders marked as “rent” to the landlord. The landlord’s attorney deposited the funds in his trust account and wrote a letter to the tenants informing them that the landlord still considered their continued occupation of the premises illegal. […]
Amendments to the Washington Residential Landlord-Tenant Act went into effect yesterday. The new law changes mandatory language in one form of eviction summons.