Archive for December, 2007
Supreme Court Rules on Time Computation for 3 Day Notices
December 30th, 2007 | 
Author: 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.
The Supreme Court overturned the Court of Appeals.
Posted in 
Mold Disclosure
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.
The mold disclosure pamphlet must be provided in “written format individually to each tenant, or may be posted in a visible, public location at the dwelling unit property”.
Holding the Bag – Unpaid Utilities
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). Private utilities do not have lien rights.
That is why escrow agents at the closing of a real property transaction pro-rate the public utilities that have lien rights, but private utilities that lack lien rights. It is also how landlords often get stuck with utility bills even though they are in the tenant’s name.
Water and electric liens are limited to four months charges. There are no similar limits for the other liens. The statutes provide for certain late fees and interest.
Note that some private companies act as billing services for public utilities. AUM is an example. While strictly speaking AUM may not have lien rights, the public utility for whom they process billing does.
Also, local ordinances effect landlords’ liability for utility charges. In Seattle, for instance, a landlord may escape liability for a tenant’s Seattle City Light charges by giving required notice ten days prior to both the start date and end date of the tenant’s occupancy. SMC 21.49.100B,C.
A savvy landlord will monitor utilities closely.
