Currently Served a Payer Quit Notice

[shorteypants]

What is the name of your state (only U.S. law)? Washington (Snohomish Co.)


After informing our landlords (husband and wife) on the first of our financial issues and how we were having trouble coming up with rent for this month and being told as long as we kept them informed about when we could possibly make a payment (we told them next week I might be receiving my government cash and medical benefits and the cash covers half of the rent) that we would let them know as soon as it is received and send it to them. I told them I was meeting with my Psychologist for my 3 month evaluation to continue receiving aid and would let them know after meeting with him how long was estimated to fill out and send the paperwork the the DSHS office. However, the husband (sneaking up on me and my fiancee' from the bushes on the side of the building with his vehicle no where in sight) gave us a Payer Quit Document that stated we have until 10 days after the date stated above (12/10/09) to come up with rent and the late fee for not paying rent on time or we would be considered trespassing and have the police called on us for trespassing and have us escorted off the property.

Now, after researching on eviction proceedings and what landlords and tenants must comply by this isn't considered legal, but the document the husband landlord served to us states that our lease says this is the events that would take place for failing to pay rent. We have a month to month lease, and after reading the information I've found about evictions for such, it still states that the landlord must file a court case with the county court to evict the tenant and only if the judge awards the case in the landlords favor a Sheriff is the only person legally allowed to physically remove the tenant and their belongings from the property.

I am just unsure how to approach this, should I bring this to the landlords attention. I do not want to cause a confrontation, and recently (different landlord) going through the tenant landlord resolution center did NOT help, and the landlord failed to pay the bank the mortgage on the place we were renting and the place was foreclosed on leaving us to find another place to live and the landlord has since disappeared, but that's another issue and story altogether. We've not been problems with our landlords and they've even been complimenting me on how nice and patient I have been on them taking 2 months to fix our hot water heater and leaving us to only be able to bathe every other day since if one of us would shower it'd take up to 12 hours after resetting the heater to have hot water again. The husband had just had knee surgery so I was trying to be understanding, but the way this whole situation is going down is throwing me for a bit of a loop since when I talked to them at the first of the month they said they would work with us and it was not a problem as long as we kept them up to date on what was going on. I am very scared b/c my fiancee` was just temporarily laid off, we are going today (at soon as the DSHS office opens) to file for unemployment for him. I've been looking for work and refuse to give up even though I've not had any luck after 4 interviews and calling back to see if I still have a chance at the positions I've applied for (which doesn't even cover the jobs I've applied for and yet to hear from).

Regardless, we have pawned any and everything we have of value to try to make an attempt to come up with rent and still have no more than $5 dollars to our name at the moment. Obviously, unless I can find free Legal counsel (and have yet to find anything) we can't afford anything. I want to get our rent paid and I don't want to risk being evicted not just b/c we'd be homeless, but it would make getting a place in the future impossible.

I appreciate any and all advice on how to correctly and cost effectively handle this situation without risking losing our apartment. I am not willing to lie down and take this or not do whatever I can to come up with funds to pay the amount we owe plus the late fee (which comes to the sum of $675 *rent $50 *late fee = $725 total). I know it's going to practically be impossible to come up with this in 10 days...but again, since they have obliquely alluded to the actions they are willing to take in the lease, does that make it legal? Again, I know that from what I've researched this type of action to evict a tenant is not, but if they state it in their lease as a possible action for failing to pay rent and notify the landlord of a possible failure to pay rent....can they kick us out after 10 days from yesterday? Should I attempt to tell them of the laws that are required in Washington to evict a tenant are not at all the actions they have stated in their document? Is there a way to get legal counsel that won't cost a dime, since we have; currently $5 dollars to our name?!

Again, I tried to tell the husband landlord who snuck up on me and my fiancee` as we were taking out the trash that I met with my Psych and he said it would be week before he'd get the documents to the DSHS office, and my fiancee` apologized for this and said we are really struggling right now and the guy just laughed in our face and walked off back towards the bushes at the side of the building. This whole situation and the way it's playing out is just strange and throwing me for a loop.

I apologize for this being a small novel and really, REALLY appreciate any and all advise not to mention if you made it this far in the post and haven't passed out on your keyboard.
Thank you again,

Unable to Sleep from Fear of Being Homeless in a Week. *shorteypants

 

[Gail in Georgia]

Not many folks are likely to bother reading through all of this. Paragraphs are your friend.

What you are asking in regards to evictions is correct; only a court can grant an actual eviction. Thus, without such a court order the police are not going to show up and toss you out of your rental.

It is up to your landlord to know the landlord/tenant laws of your state. It is also quite likely that he knows these laws and what he is telling you is simply a bluff in terms of the tossing out.

However, what he has presented you with is a Pay or Quit notice giving you 10 days to remedy the rental situation. If not, his next step is to file for eviction and it's pretty hard to come up with a reason not to evict for nonpayment of rent.

Gail

 

[shorteypants]

i apologize, it was 5am and it was also the 3rd time of having to write that since for some reason i kept having to sign back in after trying to post it.

should i talk to my landlord about the fact that that i know we cannot be thrown out due to no eviction being filed? I understand we must pay rent, it's simply the time frame i'm worried about and the issue that after speaking with the wife and telling her the situation nothing was mentioned of this action and telling me how they were willing to work with us and being understanding and not saying anything to the effect of this action. then dropping the bomb when they both knew about the meeting for my g.a.u. and cash benefits meeting.

plus, like i mentioned earlier, i know the paperwork from the psychologist said it would take a week to get the info typed up and sent. obviously, if i get benefits they won't be here in time to pay in 10 days time. if i could sell an ovary i would, i am just not sure what other options i have with this; if any, or if i should even try to talk to my landlords or seek outside counsel.

 

[Searchertwin]

i apologize, it was 5am and it was also the 3rd time of having to write that since for some reason i kept having to sign back in after trying to post it.

should i talk to my landlord about the fact that that i know we cannot be thrown out due to no eviction being filed? I understand we must pay rent, it's simply the time frame i'm worried about and the issue that after speaking with the wife and telling her the situation nothing was mentioned of this action and telling me how they were willing to work with us and being understanding and not saying anything to the effect of this action. then dropping the bomb when they both knew about the meeting for my g.a.u. and cash benefits meeting.

plus, like i mentioned earlier, i know the paperwork from the psychologist said it would take a week to get the info typed up and sent. obviously, if i get benefits they won't be here in time to pay in 10 days time. if i could sell an ovary i would, i am just not sure what other options i have with this; if any, or if i should even try to talk to my landlords or seek outside counsel.

Not to be rude, but all your problems have nothing to do with the LL. He still has a mortgage to meet like you do with rent. He can't go cry to the lender and hope not to pay or make payments late. It just doesn't work that way.
Anyway, it doens't matter how the LL gave the notice, the issue is that HE DID give you notice. He could have sat down at your breakfast table and gave it to you. This was a "Pay or Quit notice giving you 10 days to remedy the rental situation." like Gail stated. If you don't pay what you owe than he will go to the court and start a eviction and once that is started than the LL will win for non-payment of rent and than the sheriff will be pecking at your door to help you get out. Another bad thing is that you will have a eviction case on file and future LL will see that and you will have a hard time trying to rent.

 

[Cvillecpm]

Get your rent to your landlord....that is your FIRST PRIORITY * your landlord has started the eviction process.

Take the Pay OR Quit notice to your local social services agency and get a grant for the rent!!!