i wasn't sure which category to put this question under..
if the couple subleasing rooms from us in our rental home is leaving gas on leaking in the kitchen, thus endangering my family, what legal action can i take if this "mistake" continues to happen? how do i protect my family? they left the gas on and they aren't even home.
they also owe us for utilities and late fees, which they did not agree with my calculations so i just took it to an accountant and they came out oweing more, which they have not paid towards since recieving the detailed bill two days ago. not sure if this is a factor. i plan to get them out asap but am wondering if the danger of leaving gas on overnight is grounds to get them out any faster than the 20 days normally required?
Carelessness or negligent?
In order to evict a tenant, a landlord must first terminate the tenancy.
To terminate a tenancy early, the landlord must have cause, as in a legal reason or legal grounds.
What might give cause to evict?
Failing to pay rent in FULL, penalties or fees for paying rent late, paying an amount less than the rent owed, violating the lease or rental agreement, or committing an illegal act are all cause for bringing an action to evict the tenant.
If a landlord wishes to terminate a tenancy early for one of the aformentioned reasons, the landlord must first give the tenant notice. The type of notice will vary depending on the cause for a particular eviction action.
Here are the actions available to a landlord:
Three-Day Notice to Pay Rent or Quit: If the tenant fails to pay rent when it is due, then the landlord can give the tenant a three-day notice to pay rent or quit. This notice must inform the tenant that the tenant has three days to either pay rent or move out of the rental unit. If the tenant does not do this, then the landlord can terminate the tenancy and file an eviction lawsuit at the end of the three days (see Wash. Rev. Code Ann. § 59.12.030(3)).
Ten-Day Notice to Cure or Quit: If the tenant violates the lease or rental agreement, then the landlord can give the tenant a ten-day notice to cure or quit. This notice must inform the tenant that the tenant has ten days to remedy the violation or move out of the rental unit. If the tenant does not do this, then the landlord can terminate the tenancy and file an eviction lawsuit at the end of the ten days (see Wash. Rev. Code Ann. § 59.12.030(4)).
Unconditional Quit Notice: If the tenant does serious damage to the rental unit, commits an illegal act on the premises, or causes a nuisance on the premises of the rental unit, then the landlord can give the tenant a three-day unconditional quit notice. This notice must inform the tenant that the tenant has three days to move out of the rental unit, with no opportunity to remedy the bad behavior. If the tenant does not move out of the rental unit by the end of the three days, then the landlord can file an eviction lawsuit against the tenant (see Wash. Rev. Code Ann. § 59.12.030(5)).
As I read your post, you probably could bring your action to evict on any of the three hereinabove causes.
I suggest you discuss bringing an eviction action against your tenant with a couple of real estate or
landlord/tenant lawyers near you. The longer these people stay in your unit, the greater the potential danger to your family. However, due process rarely is accomplished rapidly. It is even slower if you pursue it without the aid of an attorney.
Hiring a lawyer to legally bring about the removal of your careless, maybe negligent tenants, is the most expedient way to get your Kallikaks gone!!!
Let us know how this proceeds after you retain an attorney to assist you. In the interim, it might also behoove you and your family to move into a hotel or other temporary quarters until the legal process has ended. Even with a lawyer, you can expect the process to take at a minimum a month, to maybe two months.
You can also ask the lawyer about helping you pay these bums to leave in some sort of cash for keys deal. The lawyer can explain it for you in detail. It is worth considering, if the potential for harm to your family is as dangerous as reported.