Can my ll give me a 3 day pay or quit notice via email? Or do they have to serve me with the paper?

Bankruptcy and Debt 2 views 2 answers
My landlord emailed me a 3 day pay or quit notice and now is threatening to take legal action. Does an emailed 3 day pay or quit still stand up in court?

Attorney Answers

2
Rixon Rafter ·
Washington State has a 10 day notice to pay or quit which says "When a tenant fails to pay rent when the same is due, and the landlord notifies him or her to pay said rent or quit the premises within ten days, unless the rent is paid within said ten days, the tenancy shall be forfeited at the end of said ten days." (RCW 59.04.040) In most cases, failing to pay or quit within the statutory period (in this case 10 days) will give the landlord grounds to proceed in court on unlawful detainer grounds. Frequently, landlords will generate their own 'notice to pay or quit' type letters and send them to tenants in the hopes of generating the level of fear required to shake rent money loose. You would be well advised to use the letter/email as an invitation to discuss your rent issues with the landlord and come to some agreement on the matter before it rises to the level of a court appearance. Washington state has an excellent website that lays out the laws regarding residential landlord-tenant matters http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18 Best of luck.
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Thuongtri Nguyen ·
You did not indicate whether you have a residential or commercial rental. Different rules apply to the different types of rental. If you are renting the real estate for a mobile home, that is also something different. The WA Residential Landlord-Tenant Act is at http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 . If you are renting a residence and you are are not current on the rent payment, a 3-day pay or vacate notice likely is the appropriate notice for the landlord to give to you. Emails can be a written communication. The problem is that some judges have not caught up with technology and may consider emails to be not the written notices required by the statutes. One problem with emails is that, unless the recipient agrees to accept service at an email address, the recipient may no longer be using that email address. The parties to an unlawful detainer (eviction) proceeding must follow statutory procedures. The failure to follow statutory procedures may result in the party losing the case. The losing party of an unlawful detainer proceeding may end up paying the attorney's fees for the prevailing party. Unlawful detainer proceedings in WA can move very quickly through the court in as little as 2 weeks, including the time the notice is served. The actual eviction by the sheriff may take another 2 weeks depending on how fast the sheriff can come out. While you may be able to convince the judge that email is not written notice, if you are behind on rent, your landlord will eventually succeed in having you evicted. You likely should focus on getting that problem resolved. You should review your specific facts with your attorney to find out your legal options.
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