1st, Last & deposit.

[Anthony Kidd]

Hello Everyone,

I'm here in WA state. Does anyone know if Landlord has a legal right to serve a pay or vacate on a tenant who is late on rent. Today is the 8th and rent is due on the 1st and a late fee is applied on the 6th.

My dilemma springs from the fact that the tenant is in a 2 year lease with 18 months remaining. I am in possession of last months rent. However rent is due every month on 1st as mentioned.

Do i have to wait until next month as they use up their "paid in advance" last month before serving a pay or vacate, or has the tenant broken one of the terms in the lease by not paying on time at the beginning of the month ?

I hope i am not being totally confusing in this post.

Thanks,

tony.

[Missy H.]

I would not use their "last month's rent" to cover this current rent due.  The rent that is due is NOT their last month.  This money is to be used to cover month 24 not month 6.  

If they have not paid, start the process to evict.  It may take you only one month to get them out, in which case you would still have some money to cover the one month, or it could take them three months and if you wait until next moth, your will then be out four months rent.  

Good luck