US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
How Do I Evict a Tenant Without a Written Lease in Washington?

How Do I Evict a Tenant Without a Written Lease in Washington?

Q: What is the definition of an unstable parent?

An unstable parent is generally someone who cannot provide a safe and consistent environment for their child. This may include issues like substance abuse, mental health problems, or a lack of financial stability. Courts assess parental stability based on the parent's ability to meet the child's physical and emotional needs.

Q: Do I have the right to an attorney if I can't afford one?

In civil cases, including family law matters, there is no guaranteed right to an attorney if you cannot afford one. However, some nonprofit organizations and legal aid services may offer free or low-cost legal assistance. It's important to explore available resources in your area to get the help you need.

Full question:

WHY MUST I HIRE AN ATTORNEY TO GET MY 21 Y.O GREAT NEPHEW, FOSTER CHILD WHO HAS NEVER PAID ANY RENT OUT OF MY HOUSE PER THE SEATTLE POLICE DEPARTMENT?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Washington

Answer:

We're assuming you are not appointed as guardian for the nephew or under other court order to for his custody. Generally, a tenant without a lease is considered a tenant-at-will even if rent money isn't paid. 30 days' written notice is required to evict such a tenant in Washington. The notice may be served without an attorney. Please see the links to the forms below.

In eviction actions strict rules and procedures must be observed. Generally, a legal eviction process involves:

-Proper notice. Before evicting a tenant, the landlord must serve the required eviction notices using proper procedures.
-Filing of a lawsuit. If the tenant fails to move out, a lawsuit must be filed to evict the tenant.
-Entitlement to a court hearing. If the tenant disputes the reasons for the eviction, the tenant is entitled to a court hearing.
-Sheriff's involvement. If the tenant loses the court hearing, the sheriff would then be ordered to physically evict a tenant and remove the property in the unit. Only the sheriff, not the landlord, can physically remove a tenant who does not comply with an eviction notice and only after an unlawful detainer lawsuit has been filed.

Please see the following WA statute:

RCW 59.04.020 When premises are rented for an indefinite time, with monthly
or other....

When premises are rented for an indefinite time, with monthly or other
periodic rent reserved, such tenancy shall be construed to be a tenancy
from month to month, or from period to period on which rent is payable, and
shall be terminated by written notice of thirty days or more, preceding the
end of any of said months or periods, given by either party to the other.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How hard is it to get custody of a nephew?

Gaining custody of a nephew can be challenging and typically requires demonstrating that it's in the child's best interest. You may need to show that the parents are unfit or unable to care for the child. The process often involves filing a petition in court and may include a home study. Legal representation can help navigate the complexities of family law and improve your chances of success.

Who is most likely to win custody of a child?

Custody decisions are based on the child's best interests, considering factors like the child's relationship with each parent, stability, and the ability to provide for the child's needs. Generally, biological parents have a strong presumption in favor of custody unless they are deemed unfit. Courts may also consider other relatives if the parents are unable to care for the child.

Is legal guardianship the same as fostering?

Legal guardianship and fostering are not the same. Guardianship gives an adult legal responsibility for a child, often with permanent arrangements. In contrast, fostering is typically temporary and involves caring for a child placed by the state due to family issues. Guardianship may require court approval, while fostering often involves state oversight.

What is the definition of an unstable parent?

Do I have the right to an attorney if I can't afford one?

Can I get my nephew out of foster care?

To get your nephew out of foster care, you must demonstrate to the court that you can provide a safe and stable environment. This often involves filing a petition for custody or guardianship and possibly undergoing a home study. The court will consider the child's best interests and the reasons for their placement in foster care.