Question:

Notice to terminate tenancy help(WA)?

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(I posted this in law and ethics as well, sorry about the repost, just wanted to get answers from this section as well as it seems relevant)

I live in an apartment in Whatcom County in Washington state. My lease is up at the end of this month, but states that it turns into a month to month indefinitely afterwards.

At 9 pm Friday August 15 my landlord knocked on the door and handed me a "20-Day notice to terminate tenancy" What I don't understand though is that for "RCW 59.12.030" which is what he stated on my notice that it HAS to be 20 days PRIOR to the end of the month, and that it has to end on the last day of the rental period.

My rent is due on the 1st of every month but on the notice it says I have to be out by September 4th. I know that this isn't legal but I don't know what to do anymore. Any advice would be greatly appreciated.

Also, I don't know if this will have an relevance and help at ALL, but the landlord also harasses me constantly and accuses me of BS things that I have not done.

Thanks in advance

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  1. You are correct, that the 20 day notice must end with the rental month. The termination notice given is faulty for a no cause termination. The landlord is citing the statute - RCW 59.12.030 - which is Unlawful detainer defined in the notice.  

    If you do not vacate by September 4th, an unlawful detainer will liklely be filed against you.

    You could defend yourself against the unlawful detainer action, and win, by arguing that the termination notice is faulty. The case would be dismissed. That would buy you more time to move. The landlord would then have to serve you a proper termination notice and start over. The landlord will likley get it the notice right the second time. So your time living there is limited.

    Obviously, the landlord wants you out. If you want to fight it in court, you could gain another month or two, depending on how long the UD takes to be heard, in residence.

    If you can and want to, just vacate by August 31st and be done with the whole situation.

    A periodic tenancy is automatically renewed unless either the landlord or the tenant gives written notice to terminate the tenancy at least 20 days prior to the end of the month. The tenancy cannot be terminated in the middle of any month unless the landlord agrees. Similarly, the landlord cannot terminate the tenancy except at the end of the month and only after twenty 20 days' prior written notice to the tenant.

    A landlord must follow certain procedures to terminate a tenancy. To terminate a periodic tenancy, a landlord must give at least 20 days' written notice prior to the end of the month. However, if the tenant violates his or her obligations, for example, by failing to pay the rent, the landlord may terminate the lease through eviction proceedings

    http://www.wsba.org/media/publications/p...

    (1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of the months or periods of tenancy, given by either party to the other.

    http://apps.leg.wa.gov/RCW/default.aspx?...

    http://apps.leg.wa.gov/RCW/default.aspx?...


  2. RCW 59.12.030 Unlawful detainer defined. A tenant of real

    property for a term less than life is guilty of unlawful detainer

    either:

    (1) When he holds over or continues in possession, in person

    or by subtenant, of the property or any part thereof after the

    expiration of the term for which it is let to him. When real

    property is leased for a specified term or period by express or

    implied contract, whether written or oral, the tenancy shall be

    terminated without notice at the expiration of the specified term

    or period;

    (2) When he, having leased property for an indefinite time

    with monthly or other periodic rent reserved, continues in

    possession thereof, in person or by subtenant, after the end of any

    such month or period, when the landlord, more than twenty days

    prior to the end of such month or period, has served notice (in

    manner in RCW 59.12.040 provided) requiring him to quit the

    premises at the expiration of such month or period;

    (3) When he continues in possession in person or by subtenant

    after a default in the payment of rent, and after notice in writing

    requiring in the alternative the payment of the rent or the

    surrender of the detained premises, served (in manner in RCW

    59.12.040 provided) in behalf of the person entitled to the rent

    upon the person owing it, has remained uncomplied with for the

    period of three days after service thereof. The notice may be

    served at any time after the rent becomes due;

    (4) When he 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, 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;

    (5) When he commits or permits waste upon the demised

    premises, or when he sets up or carries on thereon any unlawful

    business, or when he erects, suffers, permits, or maintains on or

    about the premises any nuisance, and remains in possession after

    the service (in manner in RCW 59.12.040 provided) upon him of three

    days' notice to quit; or

    (6) A person who, without the permission of the owner and

    without having color of title thereto, enters upon land of another

    and who fails or refuses to remove therefrom after three days'

    notice, in writing and served upon him in the manner provided in

    RCW 59.12.040. Such person may also be subject to the criminal

    provisions of chapter 9A.52 RCW. [1983 c 264 § 1; 1953 c 106 § 1.

    Prior: 1905 c 86 § 1; 1891 c 96 § 3; 1890 p 73 § 3; RRS § 812.]

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