Water damage/need to evict

Water damage/need to evict

Investor · Seattle, WA · Member since 2016 · 10 posts · 38 votes

First of all let me say, a lot of this is my fault for allowing them to stay this long. Due to backed up sewer and lots of rain, water damaged the unit and they didn't tell me for days. Now there's mold everywhere and I need to get the water repairi crew in there and the tenants claim they can't come in unless they're there (like they're going to take their stuff). Due to liability, the water repair company won't work with them in there because of liability. Initially I thought the tenants were going to work with me on this because they felt bad about being behind on rent. I told them it was going to take a while to fix it all, and they couldn't do it with them in there because it's small and they have stuff piled everywhere. So they told me on Friday that they won't let anyone in there without them being there. I've contacted a lawyer but the lawyer's out of the office right now (the weekend). I've never had any issue with tenants up to this point, so I'm new to this process (renting out property for about 9 years). 

Not sure if this is an issue, but their agreement expired and I didn't actually renew it with anything. Sometimes I'm late with that stuff but it never seemed like a big issue before (yeah this is my fault I know). 

So I want to serve them an eviction today, but it might take forever to get them out and in the meantime mold will be spreading to the other units (this is a small basement unit in a converted triplex). There are children in one of the other units so I'm quite concerned about not starting the work immediately.

What I want is for them to be completely gone and all their stuff out so that the water repair can begin and I can move forward to getting a new renter in there. Are there any thoughts? I'm super stressed and feeling a bit desperate right now. 

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Michael HaasBusiness Member
Real Estate Agent · Sammamish, 🌧️ Seattle Investor-Agent | 🤑 Helped 400+ Clients Invest in Real Estate | 🏘️ Owns 23 WA Rentals & Airbnbs | 🏗️ Built 5 DADU's | 📈 You Can Do It Too · Member since 2016 · 725 posts · 3k+ votes
6y

In addition to RHA, Washington Landlords Association is a good industry group with resources to help you straighten up the leases & procedures in your business. The membership fee is peanuts- I think its just $60 or $80 a year. 

HouseHack Seattle | Michael Haas & Team572 Reviews
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  • Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
    6y

    @Seattle Eltons. You don’t need to evict them. The apartment is not livable, and endangering others. You have no lease so they have whatever rights the city and state statutes gives them. In my state if the property is unlivable then you have to put them in a motel or other suitable quarters until the damage is repaired at your expense. In this case you have no lease. You have a real mess on your hands me thinks. Better get hold of that lawyer ASAP. RR

  • Seattle, WA · Member since 2017 · 275 posts · 223 votes
    6y

    Nit:  Improper use of the "E" word (Eviction).   An eviction is what occurs after a landlord provides a tenant with legal notice to terminate the tenancy,  AND the tenant does not comply, AND the landlord brings suit in court.   For example,  If you have served notices properly and sufficient number of times to cure a waste or nuisance problem,  AND the tenant complies by vacating the unit,  that was NOT an eviction.   It would be an eviction if the tenant does not cure the problem/behavior, AND stays in the unit, AND you take it to court and the judge rules in your favor.

    That said,  definitely do what you have already started - contact an attorney as this sounds complicated,   with what sounds like a problematic tenant (even before the flood) and some management missteps.

    I'm pretty sure the way it works in WA is if you have a lease that does not explicitly require the tenant to vacate at the end of its term,   then it is considered to convert to a month to month tenancy upon end of its original term.  If you have accepted any rent since the expiration that is certainly how courts will likely see it.   There have been changes statewide on this but I think in most cases it is still 20 days notice to terminate the tenancy but some cities the period is longer,  and "Just Cause" ordinances that limit the reason why you can terminate are proliferating across cities.  Seattle has had just cause for years, other cities are starting to adopt.   Statewide there is a 120 day requirement now for "change of use" or major renovation - given the level of damage you describe this might qualify.   But again,  there is the habitability issue - the unit is not habitable.   

    If you are in seattle, and increasingly some other cities,  there are additional complications.   In Seattle, you unit should be registered with the RRIO program.   If it is not,   you cannot legally "E"vict, raise rent, and or do pretty much anything else a tenant might not like.  (you can still serve the notices to terminate, hopefully the tenant would comply but sounds like they may not)   As part of RRIO registration,  you have to certify the unit is habitable and it may now require an up front inspection, not sure.   Your unit is not habitable / would not pass in its current condition.  Yes,  this is a catch 22.   You may end up with fines and/or forced to pay the tenant relocation costs.   

    Talk to that attorney,  and good luck.

    PS,  If you are not already a member,  please consider joining RHA (rental housing association) www.rhawa.org  -  great industry group largely representing small landlords,  great services including up to date forms, screening, education, news,  advocacy, etc.  

  • Michael HaasBusiness Member
    Real Estate Agent · Sammamish, 🌧️ Seattle Investor-Agent | 🤑 Helped 400+ Clients Invest in Real Estate | 🏘️ Owns 23 WA Rentals & Airbnbs | 🏗️ Built 5 DADU's | 📈 You Can Do It Too · Member since 2016 · 725 posts · 3k+ votes
    6y

    I'm not a lawyer, but to my knowledge @Brian Hughes's understanding of WA leases becoming month-to-month under the same terms when not renewed is correct.

    HouseHack Seattle | Michael Haas & Team572 Reviews
  • Michael HaasBusiness Member
    Real Estate Agent · Sammamish, 🌧️ Seattle Investor-Agent | 🤑 Helped 400+ Clients Invest in Real Estate | 🏘️ Owns 23 WA Rentals & Airbnbs | 🏗️ Built 5 DADU's | 📈 You Can Do It Too · Member since 2016 · 725 posts · 3k+ votes
    6y

    In addition to RHA, Washington Landlords Association is a good industry group with resources to help you straighten up the leases & procedures in your business. The membership fee is peanuts- I think its just $60 or $80 a year. 

    HouseHack Seattle | Michael Haas & Team572 Reviews
  • Real Estate Agent · Seattle, WA · Member since 2014 · 87 posts · 39 votes
    6y

    Your lease is still active even if expired. By default, it goes MtM. If the repair is an emergency (in this case, habitability of the unit or endangering the health of others in the building), you can access the unit whenever regardless if the tenant allows it or not. Refer to your lease in this case as it does vary lease to lease based on language. 

  • Investor · SEATTLE · Member since 2019 · 11 posts · 20 votes
    6y

    Edward and the others are correct, this is not an eviction, they cannot deny access to the unit , if they want to be present that is fine , they CAN stand OUTSIDE the door if they don't trust the workers , but they cannot deny entry to you or the workers . for the other people following this, not from Seattle, it's ready to snow in Seattle tonight , and temps tomorrow are going to be in the low 30's , so if they want to hang around outside , LET THEM . 

  • Investor · Seattle, WA · Member since 2016 · 10 posts · 38 votes
    6y

    Thanks for the help everyone. I've given them notice and they're actually working with me to get the work done. Looks like the mold hasn't spread so things are looking a bit better now. I'm glad I don't have to get a lawyer (yet).

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