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Salmon Creek Law Offices, is a collection of Vancouver, WA Attorneys. We take pride in putting our clients first. Putting clients first means that we make every effort to ensure our clients talk to a person not an answering machine...
Real Estate Attorney Vancouver WA
Do you need a real estate attorney?
Sometimes problems arise when owning or leasing real estate. Whether it is a conflict with a complex lease or issues with ousting persons from your property, Salmon Creek Law Offices can help you with a resolution. Effective legal representation is critical to make sure your interests are protected.
Salmon Creek Law Offices has an attorney to assist homeowners, landlords, and property managers with their legal issues. We assist clients in certain property disputes and rights to possession of that real property:
Enforcing terms of a lease agreement
Ejecting unwanted occupans from your real property
Ousting persons from real property you just purchases
For evictions, contact Salmon Creek Law Offices Today
Courts generally have special expedited proceedings to handle evictions. In Washington, they are also called “unlawful detainer” actions. Everything starts with a rental agreement (whether oral or in writing) between a landlord and a tenant. The landlord is usually also the homeowner, but the homeowner may choose to designate a property manager or other representative to handle any issues regarding the property, such as making repairs or taking tenant payments.
Should there be a breach of that rental agreement and the landlord wishes to evict the tenant, the landlord must go through a strict process to legally remove the tenant from the property. If the tenant refuses to voluntarily remove himself or herself from the property, a landlord must first properly serve the correct notices in accordance with Washington law and then file the proper paperwork in court. Eventually, the landlord will seek a court order to obtain a writ of restitution. The writ is given to the county sheriff, who then serves the tenant with those papers. If the tenant still fails to leave the premises, the deputy will return and force the tenants to leave.
Depending on the notices to be served and the specific circumstances of your case, the eviction process may take approximately 30-45 days from initial serving of notices to the final lockout date.
At Salmon Creek Law Offices, we have an eviction attorney on staff. If you have questions about the eviction process, Aaron Wakamatsu will guide you the process and help answer any questions you may have. He is also familiar with the ejectment process and can assist you whether you are a landlord or tenant. At this time, Mr. Wakamatsu only handles evictions for properties located in Clark County, Washington. Mar. Wakamatsu also only represents landlords, homeowners, and property managers.
For ejectments, contact Salmon Creek Law Offices today
An ejectment is like an eviction but refers to a specific scenario. In an ejectment, the person to be removed from the property is not a tenant, but likely a family member, friend, or other occupant who is not the property owner. Unlike an eviction, the property owner and the other occupant do not have a landlord-tenant agreement, and the occupier may be staying on the premises of the owner rent-free. Also, unlike an eviction, ejectments do not require any prior notice before commencing court proceedings. In an ejectment, the homeowner will be asking for a court order granting a writ of ejectment. Executing a writ of ejectment generally follows the same process as executing a writ of restitution.
At Salmon Creek Law offices, we have an ejectment attorney on staff. If you have questions about the process, Aaron Wakamatsu will guide you through and help answer any questions you may have. At this time, Mr. Wakamatsu only handles ejectments for property located in Clark County, Washington.
Washington State does NOT allow self-help evictions
A self-help eviction is a landlord who removes a tenant from the landlord’s property without a court order. There are two classifications of self-help acts.
An actual self-help eviction includes actions such as changing the locks when the occupier has temporarily vacated the property.
A constructive self-help eviction is one where a landlord, homeowner, or property manager does or fails to perform a legal duty that likely renders the property uninhabitable. This includes shutting off electricity, running water, electricity, heat, or other utilities.
DO NOT do any of these acts.
Self-help evictions (whether actual or constructive) can cause legal troubles for the landlord. If a landlord chooses to do a self-help eviction, the tenant or occupant can sue the owner of the property and a court may award the tenant or occupant damages. Actions such as shutting off heating or electricity may include additional amounts on top of the damages.
Both landlords and tenants have specific rights and duties under federal and state mandates. Along with the necessary state requirements, a lease agreement may include additional terms and conditions that both parties of the landlord-tenant relationship agree to follow. Once this agreement is signed, it is a binding contract that the parties must lawfully abide by. If you are a landlord and would like assistance when or if you believe this agreement has been broken, contact us and we will guide you through the process.
Salmon Creek Law Offices does not represent tenants.
Contact our real estate lawyers for help
Real estate conflicts can be a very troublesome and arduous time for you. Let us help. Our lawyers are known for creative problem solving, novel approaches to complex legal matters, and being tough in the courtroom. Talk to one of our lawyers today for a consultation to see how we can help resolve your eviction or ejectment issue.