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URGENT Question....PLEASE HELP...

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uptometobeme

Guest
I live in Redmond, WA.

Hi there everyone, I am new to this site, and I am very Happy that I found you. My story is kind of long..but I am desperate to get an answer by 10:30 today. I will try to be brief:

My boyfriend of 7 years injrued himself 2 months ago (he has NEVER been to the ER, ad he has only been to the Dr. twice in the past seven years). He was walking down the stairs at our apartments, (the lights were burnt out, along the walkway, and we had complained to them on SEVERAL occasion). We contacted a personal injury lawyer and he took our case. Long story short he has been unable to work, and as we dealt with unemployment rent was due. We were unable to pay. I was contacing friends and finally have scraped enough to pay. WELL HERE is the issue....they are basically retaliating due to the lawsuit so the manager has been VERY dirty towards us. I will outline what happened:

Tuesday January 5th: Rent was due
Wednesday January 6th: We recieved a 3 day notice, to pay or vacate.
Thursday January 7th: My sister went in and made a payment to them in the form of a money order in the amount of $125.00
Friday January 8th: We recieved a notice that we were turned into the attorneys office for eviction proceedings (We were suppose to have till the end of the business day to pay)


I have done my research and I also spoke with the Tenants Union and what they said was this:
Since she accepted partial payment from my sister the day after she gave us a 3 day notice, then that means that the Eviction paperwork that we were served is NOT valid, I read that there is a law that she has to serve us ANOTHER 3 day notice before she could proceed with the eviction process. I confimed this with the Tenants Union, but I just wanted to hear from all of you that I DO INDEED have a leg to stand on, and that I am INDEED correct. Before I go in and tell this woman that she was wrong in her doings. ALSO I am wondering if ANY of you know where I can find it in WRITING, so I can just drop something off in writing that supports this law. SORRY for being so long winded I am just really frustrated that I have not been able to find documentation that prooves this law. PLEASE HELP if you can, I will forever be in debt to you.

Sincerely,
~Desperado~
THANK YOU!!!!!!!!
sorry if I misspelled any words, it is late.....:p
nighty night

I have enlclosed a pic of me so you know who you are talking to. I am just proud, I recently lost 60lbs WOOHOO Atkins! :-D
 


U

uptometobeme

Guest
File too large :p

Sorry the file was too large, If you want to see what I look like please email me, I have some VERY inspirational before and after pics :) I went from a size 18 to a 8.
I guess all I am saying here is I might not have legal advice to offer, but if ANY of you need diet advice, I am the girl to talk to.
Hope you all have a WONDERFULL day!!

Please do not hesitate to email me as well.

Ciao~ for now.
 

HomeGuru

Senior Member
uptometobeme said:
I live in Redmond, WA.

Hi there everyone, I am new to this site, and I am very Happy that I found you. My story is kind of long..but I am desperate to get an answer by 10:30 today.

**A: and would that be am or pm? Anyway read on.
********
I will try to be brief:

**A: ok, as I only read brief.
********

My boyfriend of 7 years injrued himself 2 months ago (he has NEVER been to the ER, ad he has only been to the Dr. twice in the past seven years). He was walking down the stairs at our apartments, (the lights were burnt out, along the walkway, and we had complained to them on SEVERAL occasion). We contacted a personal injury lawyer and he took our case. Long story short he has been unable to work, and as we dealt with unemployment rent was due. We were unable to pay. I was contacing friends and finally have scraped enough to pay. WELL HERE is the issue....they are basically retaliating due to the lawsuit so the manager has been VERY dirty towards us. I will outline what happened:

Tuesday January 5th: Rent was due
Wednesday January 6th: We recieved a 3 day notice, to pay or vacate.
Thursday January 7th: My sister went in and made a payment to them in the form of a money order in the amount of $125.00
Friday January 8th: We recieved a notice that we were turned into the attorneys office for eviction proceedings (We were suppose to have till the end of the business day to pay)

**A: your rent is not $125 per month and the amount was a partial payment.
*********

I have done my research and I also spoke with the Tenants Union and what they said was this:
Since she accepted partial payment from my sister the day after she gave us a 3 day notice, then that means that the Eviction paperwork that we were served is NOT valid, I read that there is a law that she has to serve us ANOTHER 3 day notice before she could proceed with the eviction process. I confimed this with the Tenants Union, but I just wanted to hear from all of you that I DO INDEED have a leg to stand on, and that I am INDEED correct. Before I go in and tell this woman that she was wrong in her doings.

**A: that is not true. L may accept partial payments after the UD action was commenced and such acceptance does not void the eviction action. Only if payment as demanded was made in full or L gave a written notice that the eviction was suspended or terminated due to partial payment, would the eviction be stayed or action terminated.
*********

ALSO I am wondering if ANY of you know where I can find it in WRITING, so I can just drop something off in writing that supports this law. SORRY for being so long winded I am just really frustrated that I have not been able to find documentation that prooves this law. PLEASE HELP if you can, I will forever be in debt to you.

Sincerely,
~Desperado~
THANK YOU!!!!!!!!
sorry if I misspelled any words, it is late.....:p
nighty night

I have enlclosed a pic of me so you know who you are talking to. I am just proud, I recently lost 60lbs WOOHOO Atkins! :-D
**A: I did not see the photo but congratulations. That is a big accomplishment. Keep up the good work.
 

dequeendistress

Senior Member
Well since I cannot disagree with the Guru, I have nothing to add, expect that had what you believed been true (that you should be issued another three day notice), it is now January 21 and your rent was due when? I am betting that the January 5th deadline was including a "grace period"

I also am wondering how many months delinquent are you in the rental payments?
 

JETX

Senior Member
The CORRECT answer to this is....
A landlord is not required to accept a partial payment.; however, if the landlord accepts partial payment of the rent, the landlord cannot proceed with the eviction unless there is a provision in the lease providing that acceptance of partial payment does not waive the right of termination.
For more:
http://www.povertylaw.org/legalresearch/hotline/faqs/washington/atty/A36WA.htm

However, one potential issue you need to consider.... was this partial payment by check. If it was, and if the check was not presented to the bank within 3 days, or if the check bounces, payment was NOT received within the allotted period.

And one final consideration.... the only thing that this 'partial payment' might save you is a few days at best. Be prepared for ANOTHER notice.... and a smarter landlord or agent.
 
Last edited:

JETX

Senior Member
Born, with all due respect, by putting YOUR post onto this other persons thread, is called hi-jacking. It is both rude (to divert the attention from the original post) and confusing (if someone were to respond to your post and the original writer assumed it was to THEIR post).

Please delete your post from this thread and start a new one (all your OWN!!). I will be glad to try to help you out 'over there'.

Thanks (oh, and still looking for that file!) :D
 

HomeGuru

Senior Member
Born to Lease said:
Ok, sorry I went left the last time I replied on this thread.

My Question: the LL gave them the NTV, they paid partial rent, and then the eviction was filed. Does the LL not have to serve another NTV since they accepted the partial payment?

I agree, they should have paid and technically they KNEW the amount they are required to pay, the day payment in full is due, and the consequences for failure to comply with terms stated on the lease BEFORE they paid late and only paid partial payment. And this is the case with ALL who pay late! Just need answer, in the event I land another job one of these days]
**A: no comment to your last sentence.
 

JETX

Senior Member
"My Question: the LL gave them the NTV, they paid partial rent, and then the eviction was filed. Does the LL not have to serve another NTV since they accepted the partial payment?"
*** And YOUR question is STILL hijacking someone elses thread. Again, please delete YOUR posts on this thread and start your own..... :D
 
B

Born to Lease

Guest
ok, I do not agree that I am hijacking this person's thread--maybe I should phrase my points in the form of an opinion rather posing questions???!

IF the LL gave her a NTV that indicated pay or quit by a certain date, and if the LL accepted partial payment, that indicates to me the LL rejected the terms of the original NTV. The LL should have sent a "revised" NTV stating the terms that were then acceptable and would include the payment of $125 requiring payment in full of the remaining balance due by (3rd business day) or else.

The fact that eviction was filed before the date stated on the original NTV is a pretty strong point. The terms stated on the NTV were not clearly honored. Yes, the rent was not paid in full , but the LL had no way of knowing 100% the intentions of the resident until the deadline had passed and no additional payments were remitted. Of course, it was a pretty sure bet...

It is therefore my opinion you have a chance of winning the first round. However, the LL can still move forward with the eviction, AFTER the LL has served a NTV which includes the terms applicable at the time notice is served.

My advice is to pay in full the past due balance, or start packing your things now. Even though the judge might side with you once, based on one of the "technical issues", the LL is allowed to file again, and you can be sure that he/she will not leave any room for error in the future!
 

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