Help with eviction process

[DylansDad]

What is the name of your state (only U.S. law)? Washington state

Hello. I am asking for help for on how I proceed after receiving an eviction notice. Here's the background/details. I was served an "Eviction Summons" and "Complaint for Unlawful Detainer (CMP) and Notice of Appearance Pro Se" I have until April 26 at 4:30 pm to respond. There is a case number stamped on both documents.

Before this I had received a 3 Days Pay or Vacate. I'm low income and can't afford a lawyer and have been looking online for the proper way to respond, but admittedly I'm confused. How exactly do I respond? I take it I need to go to the superior courthouse and file something? Do I need to give something to my landlord? I apologize if this sounds like I'm stupid, but I just want to get it right.

I paid $250 of the necessary rent for April (this is noted on the 3 Days Notice to Pay Rent or Vacate). My landlord and I don't have a written lease agreement. Everything has been verbal. She lives there part-time, and the address for her listed on the court documents is the same address as the condo at which I'm staying if that matters at all.

So, is this already on my "record" since it was filed in court?
Thank you for any help.

 

[CSO286]

What is the name of your state (only U.S. law)? Washington state

Hello. I am asking for help for on how I proceed after receiving an eviction notice. Here's the background/details. I was served an "Eviction Summons" and "Complaint for Unlawful Detainer (CMP) and Notice of Appearance Pro Se" I have until April 26 at 4:30 pm to respond. There is a case number stamped on both documents.

Before this I had received a 3 Days Pay or Vacate. I'm low income and can't afford a lawyer and have been looking online for the proper way to respond, but admittedly I'm confused. How exactly do I respond? I take it I need to go to the superior courthouse and file something? Do I need to give something to my landlord? I apologize if this sounds like I'm stupid, but I just want to get it right.

I paid $250 of the necessary rent for April (this is noted on the 3 Days Notice to Pay Rent or Vacate). My landlord and I don't have a written lease agreement. Everything has been verbal. She lives there part-time, and the address for her listed on the court documents is the same address as the condo at which I'm staying if that matters at all.

So, is this already on my "record" since it was filed in court?
Thank you for any help.

When (exactly) were you served with the 3 day notice?
When (exactly) were you served with the Unlawful detainer?

How far behind on your rent are you?
When (exactly) did you make your last payment?
How much was it?

How much do you think you owe?
How much is the landlord stating you owe?

 

[tranquility]

http://www.washingtonlawhelp.org/resource/your-rights-as-a-tenant-in-washington

 

[DylansDad]

Thank you for the response. Here you go.

When (exactly) were you served with the 3 day notice? 4/7
When (exactly) were you served with the Unlawful detainer? 4/16

How far behind on your rent are you? $1,480.
When (exactly) did you make your last payment? I paid with check $250 on April 2nd to the local city utilities at City Hall. Part of our agreement is that
I would pay the utilities, which counts towards rent. Monthly rent is $650, so on the 3 day pay for vacate, for April she lists $400 as being owed.
How much was it? $250

How much do you think you owe? $1480
How much is the landlord stating you owe? $1480

 

[CSO286]

What is the name of your state (only U.S. law)? Washington state

Hello. I am asking for help for on how I proceed after receiving an eviction notice. Here's the background/details. I was served an "Eviction Summons" and "Complaint for Unlawful Detainer (CMP) and Notice of Appearance Pro Se" I have until April 26 at 4:30 pm to respond. There is a case number stamped on both documents.

Before this I had received a 3 Days Pay or Vacate. I'm low income and can't afford a lawyer and have been looking online for the proper way to respond, but admittedly I'm confused. How exactly do I respond? I take it I need to go to the superior courthouse and file something? Do I need to give something to my landlord? I apologize if this sounds like I'm stupid, but I just want to get it right.

I paid $250 of the necessary rent for April (this is noted on the 3 Days Notice to Pay Rent or Vacate). My landlord and I don't have a written lease agreement. Everything has been verbal. She lives there part-time, and the address for her listed on the court documents is the same address as the condo at which I'm staying if that matters at all.

So, is this already on my "record" since it was filed in court?
Thank you for any help.

Thank you for the response. Here you go.

When (exactly) were you served with the 3 day notice? 4/7
When (exactly) were you served with the Unlawful detainer? 4/16

How far behind on your rent are you? $1,480.
When (exactly) did you make your last payment? I paid with check $250 on April 2nd to the local city utilities at City Hall. Part of our agreement is that
I would pay the utilities, which counts towards rent. Monthly rent is $650, so on the 3 day pay for vacate, for April she lists $400 as being owed.
How much was it? $250

How much do you think you owe? $1480
How much is the landlord stating you owe? $1480

You don't yet have an "Eviction" on your record, but you will unless ou can come up with every dime you owe the landlord by the hearing date.

Right now, the hearing and party information is public record.

 

[DylansDad]

Question, I went to the link for help in WA State. (thank you by the way) Says I need to deliver a copy of my answer to my landlord's lawyer in person. My landlord is doing it Pro Se, and still lives at the place once in awhile. How do I deliver it to her? I will make a copy of the forms and fill them out, and then go to the courthouse tomorrow. There's a lot more to the story that I will put in the answer documents as to why I think my landlord is unjust in all of this.

I'll be moving out the 1st of May, so how do I tell the court I moved out of the house before the actual hearing date? My main thing is I don't want an eviction on my record. I know she can sue me to get a judgment to pay all the past rent. I just don't want an eviction on my record. Thanks again for the help.

 

[CSO286]

Question, I went to the link for help in WA State. (thank you by the way) Says I need to deliver a copy of my answer to my landlord's lawyer in person. My landlord is doing it Pro Se, and still lives at the place once in awhile. How do I deliver it to her? I will make a copy of the forms and fill them out, and then go to the courthouse tomorrow. There's a lot more to the story that I will put in the answer documents as to why I think my landlord is unjust in all of this.

I'll be moving out the 1st of May, so how do I tell the court I moved out of the house before the actual hearing date? My main thing is I don't want an eviction on my record. I know she can sue me to get a judgment to pay all the past rent. I just don't want an eviction on my record. Thanks again for the help.

To serve your reply:
First class mail, and have someone else put in the mail.

You cannot use th the condition of the property as a defense to not pay your rent (unless, of course, you already followed the appropriate steps required to notify the LL of issues with the property and notice that you would be witholding rent until such unacceptable conditions were remedied.)

What is you actual defense to not paying your rent?

If you fail to appear at the hearing, your landlord will most likely win by default.

A judment for unpaid rent will also show up on you credit report as well as the court records. It will negatively affect your future ability to rent [affordably].

 

[DylansDad]

To serve your reply:
First class mail, and have someone else put in the mail.

You cannot use th the condition of the property as a defense to not pay your rent (unless, of course, you already followed the appropriate steps required to notify the LL of issues with the property and notice that you would be witholding rent until such unacceptable conditions were remedied.)

What is you actual defense to not paying your rent?

If you fail to appear at the hearing, your landlord will most likely win by default.

A judment for unpaid rent will also show up on you credit report as well as the court records. It will negatively affect your future ability to rent [affordably].

So I don't need to go to the courthouse? Just have someone mail the papers for me?

So if I move out before the hearing, I still have to go to the hearing? If I tell the court I moved before the hearing, won't the hearing be canceled?

I've been living there for over 3 years. Months ago I lost my job and haven't been able to pay the full $650 each month. I always pay what I can. I get $1,200 from the VA (VA Disability Benefits from a military medical discharge) She said to pay what I can. It's become a big deal to her now because she had her income cut 40%, and wants to rent the place to a new person, and charge more. She took the dresser out my room, which when I moved in was part of my "furnished room." She leaves her cats there for days and expects me to feed them, or else they'd go hungry. I could get help from the Veterans Administration to help with rent, but she won't sign the paperwork because she doesn't want to have to claim the rent as income. She hasn't claimed the rent I've been paying as any sort of income, and she's a contract worker for the government and doesn't have any income tax taken out. She pays the IRS a tax bill quarterly. I could go on and on. I don't want to live there anymore, I just don't want an eviction on my record. Yes, I know the judgment could go on my record/credit report, but my credit is toast the way it is. Bankruptcy is my next step after I find a new place to move, but that's a whole new issue.

 

[BL]

So I don't need to go to the courthouse? Just have someone mail the papers for me?

So if I move out before the hearing, I still have to go to the hearing? If I tell the court I moved before the hearing, won't the hearing be canceled?

I've been living there for over 3 years. Months ago I lost my job and haven't been able to pay the full $650 each month. I always pay what I can. I get $1,200 from the VA (VA Disability Benefits from a military medical discharge) She said to pay what I can. It's become a big deal to her now because she had her income cut 40%, and wants to rent the place to a new person, and charge more. She took the dresser out my room, which when I moved in was part of my "furnished room." She leaves her cats there for days and expects me to feed them, or else they'd go hungry. I could get help from the Veterans Administration to help with rent, but she won't sign the paperwork because she doesn't want to have to claim the rent as income. She hasn't claimed the rent I've been paying as any sort of income, and she's a contract worker for the government and doesn't have any income tax taken out. She pays the IRS a tax bill quarterly. I could go on and on. I don't want to live there anymore, I just don't want an eviction on my record. Yes, I know the judgment could go on my record/credit report, but my credit is toast the way it is. Bankruptcy is my next step after I find a new place to move, but that's a whole new issue.

So now talk to VA personell again and see what they can do to help you through this legal bind.

Get the proof VA would have helped you ,take the form ,and state the LL refused to sign or accept it .

 

[Gail in Georgia]

"So if I move out before the hearing, I still have to go to the hearing?"

Yes

"She said to pay what I can."

Do you have any of this agreement in writing? Likely not.

"It's become a big deal to her now because she had her income cut 40%, and wants to rent the place to a new person, and charge more. "

And what is wrong with this?

"She took the dresser out my room, which when I moved in was part of my "furnished room.""

This is not a legal reason for you not paying rent.

"She leaves her cats there for days and expects me to feed them, or else they'd go hungry."

This also isn't a legal reason for you not paying rent.

" I just don't want an eviction on my record."

The problem is if you DON'T show up for the eviction hearing, her request for this WILL be granted by the court and this judgement will show up on your record. You need to show up to this hearing.

Gail