I returned to my apartment on the 17th after being out of the country for a couple of weeks to find an eviction notice from my landlord taped to my door, along with a second notice indicating they had entered my apartment to determine if it was abandoned. Seeing as I have always paid my rent on time and for this particular month had paid it 9 days prior to the end of the previous month, I was quite taken aback. I found the receipt of my last rental payment, which included a copy of the check, a date stamp and the initials of the leasing agent who took possession of the check. I also spent the rest of a rather disquieting Sunday evening investigating the eviction process in King County...it's a grim story if you are a tenant.
When I visited the leasing office the next day I brought along the two notices, the receipt for rent paid, a bank statement showing that my rent check had cleared (and not been sent back due to insufficient funds) and I inquired as to why I was being evicted, when I had not yet received a
3-Day Notice to Pay, nor a
10-Day Notice to Comply or Vacate, and when I had paid my rent for the month on time (actually, over a week early). It didn't take long to discover that it was all a misunderstanding...the leasing office had posted my rent payment to the wrong account. They also told me they had
not started the eviction process (despite what the notice indicated) -- I can only hope they are telling me the truth, although I tend to believe them because I have not yet been visited by a detective from the sheriff's department and given a Summons, a Complaint, a Writ of Restitution or been notified that I am party to any Unlawful Detainer lawsuit.
Here's what I learned:
1)
Always get a receipt for every rent payment you make. If I hadn't done this, it would've been infinitely more difficult to contest the eviction. Do
not drop a check in the leasing office's dropbox or send it via U.S. mail...get a signed, dated receipt that shows the amount paid and the month paid for. Landlords are
not required to provide a receipt (unless payment was in cash)..
.tenants must actively ask that their landlord provide a receipt for each and every rental payment.
2) 3-Day Notices and 10-Day Notices must be delivered in person to the tenant (or a responsible household member), or they must be posted on your door
and sent to you through the mail (which my landlord did
not do).
3) If a tenant fails to pay rent on time, the landlord can initiate the legal eviction process on the 5th or 6th day that rent is late. Once the Unlawful Detainer lawsuit is filed with the court, the eviction becomes part of the tenant's legal record (forever -- and court files are public information) and credit report (the collection action remains for 7-10 years), even if it is later shown that the landlord was wrong in trying to evict the tenant and/or the judge rules against the landlord. Tenants have no recourse to get this eviction removed from their legal record or their credit report.
4) If the eviction process works as designed, the sheriff can forcibly evict a tenant as soon as 18 days after rent was due. I arrived back from my trip on day 17.
5) You should respond to all notices, whether they come from the landlord, the sheriff, an attorney or a court official. Failing to respond to a Summons, a Complaint or a Notice means you will lose the lawsuit by default. If you are out of contact for a couple weeks (like being in a country where
your cell phone doesn't work), and had no idea that your landlord was
trying to evict you (without cause), then that's just your tough luck.
6) If you file a notice to appear before the court to contest the eviction, be aware that almost all Unlawful Detainer (eviction) lawsuits are won by landlords. This is because in the majority of cases, the tenant is at fault (most commonly, for failure to pay rent) and the judge will side with the landlord. However, if you are well-organized and bring proof that you are in compliance with the terms of your lease, the judge will give you a chance to be heard and explain why you believe the eviction is not lawful. Even if you win, however, the eviction will still become part of your legal record (see #3 above). The judge will often reinstate the lease agreement once the tenant has paid all court costs, attorney fees and rent due.
7)
Tenants Union is a valuable resource for tenants facing eviction. Anyone who has been the victim of an unlawful eviction is encouraged to share their story by contacting Tenant Services Advocacy (
Solid Ground -- 206-694-6748 or
tenantwa@solid-ground.org) or
SPAN (Statewide Poverty Action Network -- 206-694-6794). These organizations advocate for changes to the law that prevent unlawful evictions.
