Seattle Landlord-Tenant Attorney: Real Estate & Property Law

Home -> Law Blog Directory -> Real Estate & Property Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Real Estate & Property Law

Seattle Landlord-Tenant Attorney

Discussion of Washington state law, legal issues and procedure in eviction cases. Links to free eviction notice and other forms.
By Scott Eller, Esq.

Post Frequency: 0.3/day

Last Entry: May 11, 2010 at 18:13:15

How to Repo Lease to Own Housing

Posted on February 16, 2009
Many assume that in a lease to own housing transaction it is a simple matter to regain possession if the potential buyer fails to close and/or fails to pay rent. Not so fast. A landlord may bring either an unlawful detainer action or ejectment action to evict a tenant...

Late Fees Only Limited by Reasonableness Standard

Posted on February 16, 2009
There are no statutory limits on late fees on rent in Washington. [1] Late fees have been enforced as liquidated damages. [2] Liquidated damages are favored. [3] Under this analysis the court try to determine the reasonableness of the parties’ estimate of the loss at the time the contract was formed...

Filtered Screening

Posted on February 10, 2009
A bill is being considered in Olympia that will limit landlord’s access to complete and accurate information and drive up the costs of obtaining tenant screening reports. The proposed law imposes new obligations under the state and federal fair credit reporting acts on tenant screening services...

Paying More, Getting Less - Budget Shortfall Hits the Courthouse

Posted on December 11, 2008
The budget shortfall has led to changes at the courthouse in King County that will impact anyone seeking access to the ex parte department. This will impact all unlawful detainer (eviction) cases as unless an eviction case is set for trial - and very few are - the entire case is determined from start to [...

To access this complete feed in the blog feed reader login or register for free.

Landlord-Tenant Law and the Right to Bear Arms

Posted on November 09, 2008
The US Supreme Court recently rendered an important decision on the right to bear arms under the US constitution. The decision applies to government action, not private relationships such as landlord and tenant. The Michigan Court of Appeals has ruled that a public housing landlord may enforce a lease provision prohibiting tenants from possessing firearms by [...

Cutting Your Losses - A Landlord’s Duty to Mitigate

Posted on November 09, 2008
A landlord has a duty to mitigate damages when a tenant abandons the tenancy or is evicted. Crown Plaza v. Synapse Software, 87 Wn. App. 495 (1997); Exeter Co. v. Samuel Martin, Ltd., 5 Wn.2d 244, 249, 105 P.2d 83 (1940); RCW 59.18.310. Because of the duty to mitigate damages courts in unlawful detainer cases generally [...

Giving Booting Vehicles the Boot

Posted on October 31, 2008
A landlord may not “boot” cars to enforce parking rules because in Washington no private property owner may resort to booting cars. The statute is pasted below. A lease provision allowing the landlord to enforce parking through booting cars is unenforceable...

Minimize Risk from Tenants’ Unpaid Utilities

Posted on October 27, 2008
Lien rights. Public utilities in Washington have lien rights against property for unpaid utilities. RCW 35.21.290 (water, electric), 35.67.200 (sewer), 36.36.045 (fees imposed for the withdrawal of subterranean water or on-site sewage disposal), 36.94...

Evicting John Doe and Jane Doe

Posted on October 19, 2008
Many landlords resists naming known unauthorized occupants on eviction notices. The better practice - even if your notice forms has, as it should, an ‘and all persons in possession’ catch all - is to include all known occupants and serve enough copies for all occupants...

King County Safer Neighborhood Ordinance

Posted on September 15, 2008
King County has passed a ?Safer Neighborhoods? Ordinance that requires landlords in unincorporated King County to take measures to prevent recurrence of criminal activity on rental property. If the sheriff?s department has probable cause to believe that criminal conduct has occurred on the rental property the sheriff may serve notice on the landlord...

Trap for the Unwary - Section 180 of the Residential Landlord-Tenant Act

Posted on September 14, 2008
In general under Washington law a tenant that creates a nuisance or commits waste may is subject to eviction for failure to comply with a three day notice to vacate. There is noo opportunity to cure. RCW 59.12.030. However, in a residential tenancy some tenant behavior that may constitute a nuisance may require 30 days [...

The Fair Debt Collections Practices Act and Proprty Managers

Posted on September 02, 2008
The federal Fair Debt Collection Practices Act (FDCPA) applies to any person who regularly collects or attempts to collect debts for another. This includes property management firms, but does not include landlords acting pro se. The FDCPA exempts attempts to collect debts that were not in default when obtained...

The Fair Debt Collections Practices Act and Property Managers

Having Your Cake and Eating, too - May a Landlord Accept Rent Under Section 375?

Posted on August 31, 2008
A new law went into effect in June that amended a section of the Residential Landlord-Tenant Act that allows the tenant to pay rent into the registry of the court to avoid eviction. This has caused confusion among landlords as some apparently believe that this new law allows landlords to accept rent without forfeiting the right [...

The Fair Debt Collection Practices Act and Property Managers

Posted on August 24, 2008
The federal Fair Debt Collection Practices Act (FDCPA) applies to any person who regularly collects or attempts to collect debts for another. This includes property management firms, but does not include landlords acting pro se. The FDCPA exempts attempts to collect debts that were not in default when obtained...

Do Not Pass “GO” - Wrongful Eviction in Washington

Posted on July 21, 2008
In Washington a residential landlord may serve with the summons and complaint a notice requiring the tenant to pay rent within seven days or serve a response indicating no rent is owed. If the writ of restitution is issued the defendant is entitled to a hearing to dispute the amount of rent owed...

New Law Protects Foreclosure Scam Victims

Posted on June 15, 2008
A new law addressing distressed property transactions went into effect June 12, 2008. The new law defines a distressed home as one that is in danger of foreclosure or in the process of foreclosure. A ?Distressed home conveyance” means a transaction in which: (a) A distressed homeowner transfers an interest in the distressed home to [...

New Law Changes Landlord’s Obligations to Store Tenant’s Property

Posted on June 15, 2008
Important Changes in 2008 The Washington Court of Appeals Division III held in a 2007 decision that the Residential Landlord-Tenant Act required the landlord to store the tenant?s belongings when the tenant is evicted. [1] A new law has significantly changed the procedures and the landlord?s obligations...

Landlord Immunity for Renting to Ex-Offenders

Posted on April 01, 2008
Washington law provides landlords with civil immunity for the criminal conduct of ex-offenders if the landlord discloses to other residents that the landlord rents or has a policy of renting to offenders and the landlord takes steps to report or halt criminal activity if the landlord has actual knowledge of criminal activity...

Governer Gregoire Signs Bill, but Vetos Immediate Enactment

Posted on March 19, 2008
Governor Gregoire as expected signed into law the bill regarding the landlord’s requirements to store property upon eviction of a tenant. However, the governor vetoed the part of the bill that would have made the law go into effect immediately...

New Law Changes Rules for Storage of Tenant’s Belongings Upon Eviction

Posted on March 17, 2008
The legislature has passed and Governor Gregoire is expected to sign Monday, March 17, 2008, a new law that changes the landlord’s obligations to store a tenant’s belongings when a tenant is evicted. Prior to this new law, a Court of Appeals decision had held that the landlord was obligated to store the tenant’s personal property under the terms [...

Storing the Tenant’s Property After Abandonment

Posted on February 02, 2008
Abandonment is an absolute relinquishment of a known right. The landlord must be prepared to prove abandonment with clear and convincing evidence. In the event of such abandonment the landlord may immediately enter and take possession of any property of the tenant found on the premises and store it in any reasonably secure place...

False Information on Rental Appilcation? So What?

Posted on January 27, 2008
Under current law a tenant who provides false information an a rental application cannot be evicted solely for having done so. This would change if a bill currently in the legislature passes into law. The bill would prohibit tenants from knowingly providing false, inaccurate, or misleading information during application process for tenancy...

Foreclosure Rescue Scams

Posted on January 22, 2008
Foreclosures are becoming more common in the current mortgage crisis. Some professionals are approaching homeowners who are in over the heads on their mortgage and proposing to save them from foreclosure. The problem is that when a professional such as a real estate agent or loan officer presents a foreclosure “rescue” plan to an ordinary homeowner the homeowner may reasonable rely on the advice of such a person to their considerable detriment...

Proposed Bill Would Limit Late Fees

Posted on January 20, 2008
A proposed bill if passed into law would limit late fees on rent to the greater of $50.00 or 10% of the monthly rent, whichever is greater. Current law simply requires the late fees to be “reasonable”. Reasonableness of late fees is currently up to the discretion of the court...

The Check is in the Mail

Posted on January 12, 2008
Although a street address is required for a summons in a residential eviction ? and therefore PO boxes are not appropriate in a summons - the statute is silent as to whether a PO Box is acceptable in a notice to pay rent or vacate. In fact, the statute does not expressly require an address at all...

Supreme Court Rules on Time Computation for 3 Day Notices

Posted on December 30, 2007
The Washington State Supreme Court has held that Washington eviction statutes require three calendar days for compliance with a notice to pay rent or vacate, not three court days or three business days. A Washington Court of Appeals decision had held that the statutes and court rules require three business days, not calendar days, for notices that require less than seven days for compliance, such as notices to pay rent or vacate...

Mold Disclosure

Posted on December 24, 2007
Washington law requires landlords of residential property to provide certain mold information to all tenants. To comply a landlord must provide information in a form approved by the Washington Department of Health. Follow the links on this page to Departments web site where approved forms are posted...

Holding the Bag ? Unpaid Utilities

Posted on December 07, 2007
Public utilities in Washington have lien rights against property for unpaid utilities. RCW 35.21.290 (water, electric), 35.67.200 (sewer), 36.36.045 (fees imposed for the withdrawal of subterranean water or on-site sewage disposal), 36.94.150 (connection charges)...

Closing the Door on Proving Service of Notices

Posted on October 09, 2007
There are three methods to serve eviction notices authorized by statute . One is personal service ? i.e. hand delivery to the tenant. Another is substitute service. This requires personal delivery to a person of suitable age and discretion and mailing to each tenant...

Previous | Next

Related Law Bulletins

Attorney Dilnaz Saleem To Speak On Immigration
Kraft Associates' immigration lawyer Dilnaz Saleem will be making ...

New York Insurance Cases--Do You Need A Private Attorney?
Our White Plains, New York office gets numerous calls and e-mails ...

Case Law Development: Attorney for Child May Not Act as GAL
The confusion between the status of attorney for the child and gua...

Choosing A Family Law Attorney
Help with choosing the right attorney.

Tenant Law in California
Under California law landlords have to adhere to housing standards...