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Am I liable to pay to the landlord for extra days I stayed in the rental property?

Am I liable to pay to the landlord for extra days I stayed in the rental property?

Full question:

I live in a rented house in Washington. However, I continued to stay in the house for a few days even after the expiry of the rental agreement and my landlord never asked me to vacate. Now he is asking me to pay for the days I had stayed after the expiry of the rental agreement. Am I liable to pay for those extra days I stayed?

Category: Landlord Tenant
Date: 04/07/2025
State: Washington

Answer:

Yes, after expiry of an agreement entered by the tenant and the landlord and before the landlord demands to vacate the property, if tenancy sufferance occurs, the original rental conditions must be met which includes the payment of rents.

Per Annotated Revised Code of Washington §59.04.050:

“Whenever any person obtains possession of premises without the consent of the owner or other person having the right to give said possession, he or she shall be deemed a tenant by sufferance merely, and shall be liable to pay reasonable rent for the actual time he or she occupied the premises, and shall forthwith on demand surrender his or her said possession to the owner or person who had the right of possession before said entry, and all his or her right to possession of said premises shall terminate immediately upon said demand.”

Therefore, you will have to meet the requirements of rental agreement and you shall be liable to pay reasonable rent for the time you occupied the apartment after the expiry of the rental agreement.

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 evict a tenant in Washington State?

Evicting a tenant in Washington State can be a straightforward process if the landlord follows the legal procedures. Generally, it requires providing proper notice and filing an eviction lawsuit if the tenant does not leave. The difficulty may vary based on the tenant's response and the specific circumstances of the case. Landlords must adhere to state laws outlined in the Revised Code of Washington, which detail the grounds for eviction and the notice requirements.

How many days notice must be given to evict in Washington State?

In Washington State, the notice period for eviction depends on the reason for eviction. For non-payment of rent, landlords must provide a 14-day notice to pay rent or vacate. For lease violations, a 10-day notice is typically required. If the lease has expired, a 20-day notice may be necessary. It's essential to follow these requirements to ensure a valid eviction process.

What's the soonest you can evict a tenant?

The soonest a landlord can evict a tenant in Washington State depends on the reason for eviction and the notice given. For non-payment of rent, the eviction process can begin 14 days after the notice is served. For lease violations, it can start 10 days after the notice. If the lease has expired, a 20-day notice is required before eviction proceedings can commence.

What is the new eviction law in Washington State?

Recent changes to eviction laws in Washington State include the requirement for landlords to provide more notice before evicting tenants, especially during emergencies or public health crises. There are also provisions aimed at protecting tenants from eviction due to non-payment of rent during certain periods. It's crucial for landlords and tenants to stay informed about these changes to understand their rights and responsibilities.

What happens if a tenant stays after a lease expires?

If a tenant remains in the property after the lease expires without the landlord's consent, they are considered a tenant by sufferance. This means they must continue to adhere to the original lease terms, including paying rent. The landlord can demand payment for the extra days stayed and may initiate eviction proceedings if the tenant does not vacate upon request.

What are the new WA state eviction laws?

New eviction laws in Washington State include increased notice periods for landlords and additional protections for tenants, especially regarding non-payment of rent. These laws aim to provide tenants with more time and resources to address their situations. It's important for both landlords and tenants to be aware of these laws to ensure compliance and protect their rights.