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Eviction Notice for Open Carrying in Spokane

bennie1986

Regular Member
Joined
Jul 30, 2009
Messages
368
Location
Spokane, Washington, USA
Tonight I got an eviction notice for "threatening tenants by showing gun". This is not the first time I have had issue at this complex as some may remember my post about being pulled out of my apartment for open carrying. I tried to fight that but I could not find an attorney the would take the case up front without a stack of cash in hand, which is not at all possible for me. I will post the letter when I get a chance to scan it. Im so pissed and at a complete loss as to what to do.
 

509rifas

Regular Member
Joined
Mar 7, 2013
Messages
252
Location
Yakima County
It's not an eviction notice, it's a ten day notice to stop carrying a gun or move out.
Provided you don't carry a gun, you are complying with the demands of the letter.
I would recommend complying for the time being until you find a stronger way to fight it.pPerhaps put together some sort of legalese letter detailing the mountains of case law stating that it is not disorderly conduct, but there may be a different application of that because it's a rental property contract and not criminal law. Does your rental contract have a clause stating the landlord can evict you for any or no reason?
 
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bennie1986

Regular Member
Joined
Jul 30, 2009
Messages
368
Location
Spokane, Washington, USA
There is nothing about guns, the only reason I read the damn thing is to make sure of no gun crap.

I will not comply at all. Hunting season is in a week and I have to take my rifle and shotgun to and from the car, not something I normally do unless its hunting season, and I do little more when I carry my edc.
 

509rifas

Regular Member
Joined
Mar 7, 2013
Messages
252
Location
Yakima County
My wife OC's on a daily basis also and also has not plans to be bullied into not carrying.

I wasn't suggesting you roll over, maybe just step back and check out your options before challenging it directly. You don't want to just ignore it and end up losing; actual court evictions (where it will go if neither side backs down) look real bad on a rental history and credit report.
As you said you were at a loss as to what to do, I'm just suggesting you know what your plan is.
 

bennie1986

Regular Member
Joined
Jul 30, 2009
Messages
368
Location
Spokane, Washington, USA
I wasn't suggesting you roll over, maybe just step back and check out your options before challenging it directly. You don't want to just ignore it and end up losing; actual court evictions (where it will go if neither side backs down) look real bad on a rental history and credit report.
As you said you were at a loss as to what to do, I'm just suggesting you know what your plan is.

My apologies if i sounded like i was being critical of your suggestion, i didn't mean it that way im just so pissed.
 

golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,068
Location
Lawton, OK USA
They are using some wording to get around the gun issue: "boisterous, disorderly conduct". I think it's BS, and would get a free eval from a lawyer. An actual "eviction" can cost the landlord serious time, and money. Take them to the wall! (Time for an OC BBQ maybe?)
 

jfslicer

Regular Member
Joined
May 18, 2013
Messages
72
Location
Lake Stevens
Looks like they're trying to hit you with RCW 59.12.030(4):

RCW 59.12.030(4) said:
When he or she continues in possession in person or by subtenant after a neglect or failure to keep or perform any other condition or covenant of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than one for the payment of rent, and after notice in writing requiring in the alternative the performance of such condition or covenant or the surrender of the property, served (in manner in RCW 59.12.040 provided) upon him or her, and if there is a subtenant in actual possession of the premises, also upon such subtenant, shall remain uncomplied with for ten days after service thereof. Within ten days after the service of such notice the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform such condition or covenant and thereby save the lease from such forfeiture;

As you stated you have not broken any laws in the lease, I would get a free evaluation from a lawyer asap. And at the very least write a letter in return stating case law and RCW's before the 10 days are up. I would also bring up that you have not violated the terms of your contract and site the paragraphs that might be relevant within the rental agreement.

Did they mail the notice to you?

I'm sorry that your landlord is being stupid, please let us know what you decide and how this ends up.
 
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bennie1986

Regular Member
Joined
Jul 30, 2009
Messages
368
Location
Spokane, Washington, USA
Looks like they're trying to hit you with RCW 59.12.030(4):



As you stated you have not broken any laws in the lease, I would get a free evaluation from a lawyer asap. And at the very least write a letter in return stating case law and RCW's before the 10 days are up. I would also bring up that you have not violated the terms of your contract and site the paragraphs that might be relevant within the rental agreement.

Did they mail the notice to you?

I'm sorry that your landlord is being stupid, please let us know what you decide and how this ends up.

They pined it to my door.
 

Fibresteve

Regular Member
Joined
Jul 1, 2012
Messages
50
Location
Woodland, WA
What kind of report did one of the tenants file with law enforcement? That you were legally carrying a firearm?? Damn Hoplophobes!
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Check with one (or more) of the resources here first http://www.tenantsunion.org/rights/section/legal-assistance-guide

See if the folks here http://www.nwcdl.org/ can provide you with info or direct assistance or a referral for assistance.

Then decide if you want to let them take you to court over the matter via an eviction hearing, or if you can beat them to the punch via a pre-emptive strike from the folks mentioned above and/or the local ACLU (do not know if the Washington ACLU is as hoplophobic/anti-2A as some others).

So far they say your behavior has violated the terms of your lease. Before they can act against you they need to prove you in fact violated the terms.

It's up to you to decide if you want to fight them, how much you want to fight them, and wether or not to line up a fall-back housing situation now.

If possible, please keep us posted on what happens.

stay safe.
 

TechnoWeenie

Regular Member
Joined
Jul 17, 2007
Messages
2,084
Location
, ,
purely a civil matter.

It is the duty of a tenant to comply with a 'reasonable request' of the landlord, under WA law.

A 10 day notice to comply or vacate would be issued if the 'reasonable request' isn't followed.

That being said, once they file an unlawful detainer suit, after you fail to leave, they have to prove that the 'reasonable request' was, in fact, reasonable.

Asking to rescind a right guaranteed by the state and federal constitution, is not, IMHO, reasonable.

This would be the same as asking someone to not carry a bible, or to not speak....or allow them to invite police into your apartment at any time, for any or no reason, without a warrant.
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
Check with one (or more) of the resources here first
So far they say your behavior has violated the terms of your lease. Before they can act against you they need to prove you in fact violated the terms.

What Skid said.

In typical blufferese, they tossed in some serious-sounding criminal terms from the RCWs, hoping to scare you into complying short of the long and expensive process to actually evict you. From my (limited) understanding of WA law, the accusations they made don't even apply in your case. Even if they did, they have no proof you actually engaged in any threatening behavior, unless there's a lot more you haven't told us.

So: comply with the letter by not OCing for the next 10 days, and if you're transferring long arms to your car for hunting season, case them or wrap them up from plain sight.

And by the way, "Pinned to my front door" equals "What letter? I didn't get any letter!"
 

Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
Try this, maybe it can help.



Washington- Landlord & Tenant links

http://www.tenantsunion.org/rights/section/legal-assistance-guide
http://www.nwcdl.org/

Landlord-tenant rights and protections within the state of Washington
http://www.wsba.org/media/publicatio...ord-tenant.htm

Pro Bono Lawyers that might be able to help
http://www.advocateresourcecenter.org/oppsguide/

Attorneys Assisting Citizen-Soldiers and Families (AACF)
Contact: Captain Alexander Straub, AttorneysEnlist@gmail.com, 253-512-8262

Benton Franklin Legal Aid Society
Contact: Barbara Otte, Bflegalaid2@verizon.net, 509-734-9840

Blue Mountain Action Council Volunteer Attorney Program
Contact: Luis Rosales, luisr@bmacww.org

Center for Children & Youth Justice - Lawyers Fostering Independence
Contact: Sarah Lysons, slysons@ccyj.org, 206-696-7503 x17

Chelan-Douglas County Volunteer Attorney Services
Contact: vasinfo@nwi.net, 509-663-2778

Clallam-Jefferson County Pro Bono Lawyers
Contact: Nancy Rhode, probonolawyers@gmail.com

Clark County Volunteer Lawyers Program
Contact: 360-695-5313

Cowlitz-Wahkiakum Legal Aid
Contact: Kendra Sprague, cwlap@live.com, 360-425-3430

Home Foreclosure Legal Aid Project
Contact: Steve Larsen, stevel@wsba.org, (206) 727-8240

Housing Justice Project
Contact: Barbara Harris, cls@kcba.org, 206-267-7028

Kitsap Legal Services
Contact: 360-479-6125

LAW Advocates
Contact: Terra Nevitt, terra@lawadvocates.org, 360-671-6079 ext. 24

Legal Information and Referral Line Volunteer
Contact: June Krumpotick, Lead Paralegal, jkrumpotick@legalvoice.org, 206-682-9552 ext 105

Lewis County Bar Legal Aid
Contact: Larry Cook, lclegalaid@localaccess.com, (360) 748-9884

Neighborhood Legal Clinics
Contact: Rebecca Fogarty, NLC Program Manager, cls@kcba.org, 206-267-7029

Northwest Fair Housing Alliance
Contact: Marley Eichstaedt, marley@nwfairhouse.org, 509-325-2665 Ext. 0#

Northwest Justice Project
Contact: 206-464-1519

Skagit County Community Action Agency Volunteer Lawyer Services Program
Contact: Catherine Brown, catherineb@skagitcap.org

Snohomish County Legal Services
Contact: Anita Hale, anitah@snocolegal.org, (425) 258-9283 ext. 22

Spokane County Bar Association Volunteer Lawyers Program
Contact: Jnette Smith, jsmith@spokanebar.org, 509-462-3701

Tacoma Pierce County Bar Association Volunteer Legal Services Program
Contact: Laurie Davenport, Director, vls@tacomaprobono.org, 253-572-5134

Tacoma-Pierce County Housing Justice Project
Contact: Joanne Haffly, joanneh@tacomaprobono.org, (253) 572-5134

Tacoma-Pierce County Lawhelp Center
Contact: Joanne Haffly, joanneh@tacomaprobono.org, (253) 572-5134

Thurston County Volunteer Legal Services
Contact: Bruce Conklin, tcvlegal@hotmail.com, 360-705-8194

Volunteer Attorneys for Persons with HIV/AIDS
Contact: Connie Ritchie, cls@kcba.org, 206-267-7100

Volunteer Lawyer Program of Island County
Contact: Amanda Dozier, director@vlpic.org, 360-675-4750

Volunteer Legal Services
Contact: Karen Clark, Staff Attorney, cls@kcba.org, 206-267-7024

Washington Coalition of Sexual Assault Programs
Contact: Catherine Carroll, Legal Director, catherine@wcsap.org, 360-754-7583

Whitman County Legal Services
Contact: Gene Siple, genes@cacwhitman.com, (509) 338-4255

Yakima County Volunteer Attorney Services
Contact: Claudia Garza, cgarza@yakimavas.org, 509-453-4400


Can’t find a pro bono lawyer to help you?
Try http://www.mywsba.org/Default.aspx?tabid=177 and see if you can find a lawyer there!
 

Stoked

Regular Member
Joined
Sep 22, 2008
Messages
103
Location
, Washington, USA
I have a good friend in SpoVegas that's a practicing attorney, only does civil cases. If you'd like, I'll call him tomorrow sometime and see if he would be willing to provide you some advice (I have no idea of his caseload though).
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
What Skid said.

In typical blufferese, they tossed in some serious-sounding criminal terms from the RCWs, hoping to scare you into complying short of the long and expensive process to actually evict you. From my (limited) understanding of WA law, the accusations they made don't even apply in your case. Even if they did, they have no proof you actually engaged in any threatening behavior, unless there's a lot more you haven't told us.

[strike]So: comply with the letter by not OCing for the next 10 days, and if you're transferring long arms to your car for hunting season, case them or wrap them up from plain sight.[/strike]

And by the way, "Pinned to my front door" equals "What letter? I didn't get any letter!"

FIFY

OCing, absent any other action or behavior that would be a violation of law - such as brandishing, pointing a gun at someone, shooting, telling someone you are going to shoot them - appears to be perfectly legal in WA. Your lease, if it is "standard", probably gives you the right to access of the common areas of the apartment complex as well as exclusive right of access to your actual apartment. You should be able to both park your car and walk directly to your apartment, and back again, without being molested by some restriction on your behaving in a lawful and peaceable manner. The same holds true for your accessing and enjoying the common areas of the complex - everything from sitting outside your door enjoying the sunshine to walking to and from the laundry room (if there is such) to walking on any sidewalks or paths for the purpose of exercise or relaxation.

When you talk with any of the suggested resources or with an attorney I urge you NOT to bring 2A violations into this, as that is not a protected right under any housing laws that I am aware of. Further, it would just muddy the water. Stick to the fact that you have not done the specific things they accuse you of doing, and then when the time is right haul out the argument that what they complain you did requires you to do ceretain things with the intention of causing certain reactions, and that you never intended to cause those reactions.

You cannot be held accountable for how other people might respond to seeing your gun, just as you cannot be held responsible for other people respond when seeing you bring home the cheap brand of toilet paper or the ultra-expensive exclusive brand of beans & weenies. They have a right to get their knickers all twisted and catch a case of the vapors, but since you did nothing to intentionally cause those things to happen no blame for those events and feelings should ever attach to you.

Or you could cave in to their demands and have to sneak your guns in and out of the house like they were some inherently bad, evil things, and have to go to the park to OC.

stay safe.
 
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