Are verbal 3 day notices legal?

[Ty0604]

Washington...

I’m posting this on behalf of a family member who doesn’t use the internet. They rent month-to-month and were only able to give the landlord half of this months rent ($300 of $600). The landlord accepted and at the time, understood the circumstances. They’ve been renting for a year and haven’t been late before but car trouble followed a job layoff and so on. Anyway, besides the point. The landlord came up this morning throwing a fit and verbally gave them a 3 day notice and told them he would be back on Monday to give them a 30 day notice if they didn’t pay up.

My question is this: Is a verbal notice legal or does it have to be in writing? Do the weekends even count? If not, what happens if he shows up on Monday with a 30 notice?

I think in the end I may “loan” (give cause I’ll never see it) them the $300 but wanted to know if what the landlord did was legal or not?

 

[Gail in Georgia]

There are several problems with what the landlord has done.

1. He has accepted at least part of the rent for the month. This may slow/negate the eviction process (unless, of course, your relatives agreed to pay in two installments and failed to comply with this).

2. Pay or Quit notices are provided in written form; this is so the landlord has proof he has provided the tenants with the opportunity to remedy the situation prior to initiating the eviction process through the court system. There are no "freebie" weekend holidays.

3. The landlord would be quite generous providing a 30 day written notice. Once the written 3 day Pay or Quit notice has expired without a suitable solution, he would be free to start the eviction process immediately through the local court system.

Gail

 

[HomeGuru]

Washington...

I’m posting this on behalf of a family member who doesn’t use the internet. They rent month-to-month and were only able to give the landlord half of this months rent ($300 of $600). The landlord accepted and at the time, understood the circumstances. They’ve been renting for a year and haven’t been late before but car trouble followed a job layoff and so on. Anyway, besides the point. The landlord came up this morning throwing a fit and verbally gave them a 3 day notice and told them he would be back on Monday to give them a 30 day notice if they didn’t pay up.

My question is this: Is a verbal notice legal or does it have to be in writing? Do the weekends even count? If not, what happens if he shows up on Monday with a 30 notice?

I think in the end I may “loan” (give cause I’ll never see it) them the $300 but wanted to know if what the landlord did was legal or not?

**A: a verbal notice is unenforceable.

 

[Ty0604]

Gail: They didn’t agree to pay in two installments. The part about the 30 day notice was this: Can he start the eviction process (i.e. get a court ordered 30 day notice) without having first issued a 3 day notice? When he goes to court I would assume he would have to prove to them that he’s done as such before they’ll begin the eviction process, correct?

Thanks HomeGuru....

 

[sandyclaus]

Gail: They didn’t agree to pay in two installments. The part about the 30 day notice was this: Can he start the eviction process (i.e. get a court ordered 30 day notice) without having first issued a 3 day notice? When he goes to court I would assume he would have to prove to them that he’s done as such before they’ll begin the eviction process, correct?

Thanks HomeGuru....

No. The LL can only start a court eviction process after he has provided with a required written notice to comply, and the time required for compliance has already passed. Said notice is a requirement in order to create a cause of action (nonpayment or non-compliance with the notice requirements).

Since there is no such concept here as the verbal 3-day notice in Washington LL/T law, the LL would have had to give a WRITTEN notice. Had the LL done so, they could have filed for eviction through the courts as soon as Tuesday (3 days passing, first court day after being Tuesday). Since no notice has yet been given, if the LL DOES follow through with the 30-day notice as he is threatening to do, then he won't be able to file for eviction until AFTER that 30-day notice has expired. Or, they could simply serve up a new 3-day notice to pay or quit, and if payment in full isn't tendered prior to that expiring, the LL could file for eviction as soon as THAT notice expires.

 

[FarmerJ]

Ty0604 since they are month to month the LL can at any time give a written notice that meets your states laws telling they are no longer willing to rent to them and that this tenant must move out (30 day / month notice) BTW assisting them would be very kind of you.

 

[HomeGuru]

OP, print the state L/T Law and give to your family member who has no internet access. Tell he/she to do their homework and read what is applicable. You may have to help them understand things.