Is this an eviction if I got a 10 day notice to comply with lease or quit premises? 1 Answers as of May 03, 2016

We are in a 55 plus community area. They quote number 11 of the lease that we are in violation of. It is false. My husband was upset about a toilet not working - and it says that he verbally harassed and assaulted the staff. No police were on scene and no reports. If someone assaults someone it has to hold up in court with proper documentation, does it not?

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Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
A 10-day notice is not an eviction, but it is the beginning of one possibly. Before a landlord can evict, the Washington Landlord Tenant Act requires that certain notices be given to a tenant before the case can be brought to court. Those notices include a 3-day pay rent or vacate notice, the 10-day notice to comply, a 3-day notice to vacate for waste, nuisance or drug activity, and a 20-day notice to terminate tenancy. Some cities like Seattle also have just cause eviction ordinances that impose additional requirements. These notices must be given to you a very specific way as well. Every tenant must get a copy either personally, or by giving it to a resident and mailed, or by posting and mailing. If the tenant does not pay, vacate, or comply, then an eviction suit may proceed. Without complying with this initial notice process, however, any suit brought will be defective. If you have issues regarding maintenance, the Landlord Tenant Act requires that you provide written notice of the need for repairs or maintenance, and once given to the landlord in the same manner as rent is paid, which means delivery to a drop box, mailing to the landlord, or personally handing it to the landlord, there are certain time limits wherein the landlord must act. If not, so long as rent is current, there are certain remedies you may take advantage of. This also has the practical effect of preventing a landlord from making claims of harassment. The landlord would have to prove the harassment and assault, but only by a preponderance of the evidence, not beyond a reasonable doubt. Evictions are not criminal. Also, in Washington, assault does not necessarily mean that you physically touched another person either. If you put them in fear of physical harm, that can also be an assault if the fear was reasonable. A police report might help, but it would not be necessary if there are other witnesses.
Answer Applies to: Washington
Replied: 5/3/2016
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