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Need to kick room mates out ASAP! Question! (Washington State)

Aaron1124

Regular Member
Joined
Jul 5, 2009
Messages
2,044
Location
Kent, Washington, USA
My wife and myself are renting a condo in the state of Washington. We also have a four year old daughter. We are renting it from a private individual. Back in December, my wife was in touch with some old acquaintances who claimed to be down on their luck. It was a guy and his pregnant girlfriend. They claimed they were undergoing serious hardship, and how he was unemployed, and had no place to live, and didn't want to be left without a roof over his head due to his girlfriend being pregnant. We told them they would be allowed to stay with us, and we did not ask them to pay rent. We told them to take the time an use it to their advantage, so he can get a job, save up money, and get back on his own feet, and we'd play it by ear.

Well, they moved in back in December of 2012. After a couple months, I started noticing some disturbing behavior. He started using marijuana out on the back porch, and I told him I did not want that on the property. He complied, but I caught him a few times after that. He did not look for a job, and started to really demonstrate that they were mooching off of us. Well, two weeks ago, the pregnant girlfriend had her two children over (from a previous marriage) for the weekend, and she is currently going through a custody battle with them, because she was charged with Domestic Violence Assault 4 two years ago, and initially had them taken away. Well, when the father of the children picked the kids up, he noticed a lot of bumps and bruises on them, and finger imprints on his rib cage. He ended up contacting the police, who then came out to question my room mate. No arrest was made and no charges have been filed (yet), but the police did give me a case number.

Since then, I told them I'd like to have them out by April 1st, and they complied at the time. Since then, they have shown nothing but blatant disrespect; inviting people over for the night without asking, being very inappropriate with how they present themselves, accuse my wife and I of stealing their belongings, send incredibly rude and disrespectful text messages, stating that legally, they don't have to leave, because they have established residency here for over 90 days, and unless I serve them with a 30 day eviction notice, they don't have to leave. A few months ago, we even allowed them to have our room, and my wife and I have been sleeping on the hide a bed in the living room. We did this out of courtesy to them. Absolutely no appreciation has been shown, and we've been treated with nothing but disrespect. They are claiming that they can do whatever they like, because this place is theirs just as much as it is ours, even though they are not in the lease. I honestly do not know the legality of these issues, but to be honest, with her custody battle, and charges of domestic violence against children, I do not feel comfortable having her here with my four year old daughter. The officer who responded informed me that there's a way I can file for a 7 day emergency eviction if I take the case number down to the local PD.

Earlier tonight, they came out here and started a huge hiatus, claiming they don't have to leave unless we give them a 30 day notice, and how they can do whatever they want while we're here.

An legal experts on here that may be able to tell me what my rights are, and what I can do to get them out of here?!

Thanks!!
 

Jim675

Founder's Club Member
Joined
Dec 17, 2007
Messages
1,023
Location
Bellevue, Washington, USA
First - be safe. Try not to antagonize them prior to presenting the eviction notice.Then Google "how to evict a roommate in Washington state".
Very seriously consider a lawyer's time for an hour to get a plan that will hold up in court. Take your current lease with you. Read it carefully to see how it addresses long term guests or sub leases.

Talk to your landlord if you have a good relationship and you're not currently in violation of your lease.

It sounds like these people have nothing to lose and no respect for anyone else.
Do you have some place off site to hide valuables during the eviction process?
Never go without a contract!

Best of luck.

ETA: http://apps.leg.wa.gov/rcw/default.aspx?cite=59.04.050
If they're not on a lease they have no right to be there.

http://www.tenantsunion.org/rights/section/eviction
 
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1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
Wowwie!!!

I doubt that they have any right to live in your house any longer than you allow.
Throw their stuff out in the yard and tell them to get out, now!
If they wont leave, get the cops to enforce their tresspass, then charge them if need be!

Edit to Ask,,, Why would you call these moochers... RoomMates???
they are just over stayed guests!
 
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eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Jeez, folks living off of the teats of others showing no respect for those others, taking liberties, expecting more, doing less, ...

Whodathunk?

You should have asked for rent of some kind, anything, just a few dollars, painting the house, doing the yard work, etc. Oh, and once they broke the law, increasing the chance that YOU would be convicted of a crime, you should have called the cops, had them bust the doper, and had them use the dogs to find all the stashes, lest they be found later and thought to be YOURS.

Charity should always be a generous contract, never a gift.
 
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skeith5

Regular Member
Joined
Sep 19, 2012
Messages
356
Location
United States
I would contact a lawyer asap if you can afford it. Read up on the landlord tenant act of Washington state, although the laws might be different when they aren't on the lease. I would also stop referring to them as roommates they are unwelcome house guests. A roommate would imply a contractual obligation that shouldn't exist.
 
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Tawnos

Regular Member
Joined
Jun 4, 2008
Messages
2,542
Location
Washington
Jeez, folks living off of the teats of others showing no respect for those others, taking liberties, expecting more, doing less, ...

Whodathunk?

You should have asked for rent of some kind, anything, just a few dollars, painting the house, doing the yard work, etc. Oh, and once they broke the law, increasing the chance that YOU would be convicted of a crime, you should have called the cops, had them bust the doper, and had them use the dogs to find all the stashes, lest they be found later and thought to be YOURS.

Charity should always be a generous contract, never a gift.

While I agree with your overall point, note that they didn't break any WA law as of yet. Marijuana use is legal here, and as Aaron points out, they're abusing the eviction process to get as much mooch time as possible.

Aaron: you need to contact a lawyer and be ready for whatever comes out of this. People being evicted can do terrible things, including trashing your place, so you will want to do this without making them alert to it until the cops show up with a forcible eviction notice. Make sure you change your locks, and if you don't have a safe, now's a time to get one, because they may attempt to break in to steal stuff from you after they're gone.

Good luck. It sucks when someone takes advantage of your goodwill and charity.
 

acmariner99

Regular Member
Joined
Feb 12, 2010
Messages
655
Location
Renton, Wa
Since they are not on the lease, I don't see how they can get any benefit of being a benefactor of the landlord/tenant relationship. They were invited in temporarily so I would think you could kick them out at any time - trespass maybe? Giving them a free pass was a BIG mistake, but there is no point in arguing that. I would contact a lawyer and get the police involved regarding trespass.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Check your State law. Once someone is living somewhere, they cannot (in many jurisdictions) be summarily kicked out. There are procedures. These procedures may allow freeloading to a ridiculous extent, but that was the risk you took when you allowed those folks into your home.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Agree with most of the above, EXCEPT setting them out w/o legal process. You might incur liability for their stuff.

See an attorney ASAP!
 

NavyMike

Regular Member
Joined
Oct 13, 2009
Messages
195
Location
Eastside, Washington, USA
"At will" guest

If your 'room mate' is not on the lease, and is not subletting from you, he is essentially a long term guest and you have the right to throw him out at will.

if they are not paying rent then there is no landlord/ tenant relationship or legal obligation on your part.

Change the locks and remove their things. If they refuse to leave or attempt to renter against your will, you can call the police and have them removed for trespass.

This calls their bluff. They will now need to sue you for unlawful eviction and will need to prove that you were their landlord, by showing a judge their lease agreement, security deposit receipt, rent receipts etc. Tough to prove for someone who was just a house guest.

If you have very low income and need civil legal advice, you can call CLEAR on 1-888-201-1014.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
A quick search of the Internet pulled up several references to "at will" tenants still having rights under the law.

I strongly recommend NOT taking any legal advice you get on this forum, especially if the advice is not accompanied by the citations that OCDO rules require. In addition to any rights your "guest" had that you risk violating by following IANAL advice, putting their property out on the streets could create some liability for you. Check with attorney in person.
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
What Eye95 said... i'm not even going to pretend to know the law on this,

go talk to a lawyer, especially if you don't have much money, consulting with an attorney is going to cost nothing compared to having to hire said attroney if they sue, + all the penalties and judgements and the possible damage to your home if they win. landlord tenant law can be complex, before you do anything please talk to an attorney, and not just ANY attorney, you need an attorney who specializes in landlord tenant relationships and evictions... It appears this firm does that.... but call around and find a good lawyer in that field

http://www.loefflerlegal.com/

Edit, so wouldn't your "tenants" wife be breaking federal law by living in your place? if she's a DV offender and you own firearms?
 
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WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
I would contact a lawyer asap if you can afford it. Read up on the landlord tenant act of Washington state, although the laws might be different when they aren't on the lease. I would also stop referring to them as roommates they are unwelcome house guests. A roommate would imply a contractual obligation that shouldn't exist.

+1 especially contacting a lawyer.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
In addition to the repeated advice to consult with an attorney about the eviction process, you might want to consult with a criminal defense attorney about how you and your wife may be effected by the criminal behavior of your temporary guests, and how that might effect your daughter.

Drug use is illegal. You most likely are, at least in the definitional sense, accessories in the second or third degree to illegal drug use, as well as possibly possession of illegal drugs. All of that, besides raising concerns about criminal charges and the follow-up from that, means your daughter is being neglected and exposed to an unsafe environment. Look out for CPS swooping down and adding even more to your already unhappy situation.

Get some guidance/advice from a criminal defense attorney before you call the cops on these folks.

stay safe.
 

golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,068
Location
Lawton, OK USA
In addition to the repeated advice to consult with an attorney about the eviction process, you might want to consult with a criminal defense attorney about how you and your wife may be effected by the criminal behavior of your temporary guests, and how that might effect your daughter.

Drug use is illegal. You most likely are, at least in the definitional sense, accessories in the second or third degree to illegal drug use, as well as possibly possession of illegal drugs. All of that, besides raising concerns about criminal charges and the follow-up from that, means your daughter is being neglected and exposed to an unsafe environment. Look out for CPS swooping down and adding even more to your already unhappy situation.

Get some guidance/advice from a criminal defense attorney before you call the cops on these folks.

stay safe.
Just want to point out again this OP is in WA state, which just passed a law that anybody over 21 can smoke and possess up to one OZ of weed.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
yeah but the chance of the feds giving a hoot about one ounce of reefer are not high.... unless she's got a whole hydroponics lab dedicated to growing MJ the Fed's aren't even going to bother.

Is that a risk you'd be willing to take? I wouldn't. Plus, you risk being determined to be a "prohibited person." No thanks. Anyone doing any illegal drugs in my house gets ratted out. Plus I call in the dogs to find all of their stashes. When I get through with them, they will beg to leave.
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Is that a risk you'd be willing to take? I wouldn't. Plus, you risk being determined to be a "prohibited person." No thanks. Anyone doing any illegal drugs in my house gets ratted out. Plus I call in the dogs to find all of their stashes. When I get through with them, they will beg to leave.

I don't use Mj, please don't insinuate I do.

that's why we're telling him to get an attorney, because there's a legal concept of implied lease, if a judge rules that this wonderful couple actually is a tenant or a room-mate, your dogs are going to get you slapped with civil judgements and then you won't be able to practically evict them at all, because it's illegal to evict a tenant as retaliation for seeking enforcement of tenant rights. so any eviction you attempt will scrutinized carefully.

Who will you rat 'em too? I promise if you call the DEA unless you lie to them (a crime) and say there's a growery they ain't goin' to do jack. and the local police cannot do anything because possessing wackyweed in your house is not illegal, hence no probable cause of a crime. furthermore if they have their own room, you as a landlord or sub landlord cannot consent to officer friendly and Rover to tear their room apart. they'd need a warrant go back to square one, no probable cause. your "advice" while good for Ohio and 'Bama I'm sure, is only going to get the OP's clock cleaned in Superior Court here in WA.
 
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