The immunity provision is part of a law addressing criminal recidivism that went into effect last year.   

The immunity is of dubious value to landlords as no landlord is likely for obvious business reasons to want to disclose to other residents that the landlord has a practice of renting to convicted criminals.     

However, the governor vetoed the part of the bill that would have made the law go into effect immediately.  Under the Washington constitution the law will go into effect 90 days from the date it was passed, which means the law is effective June 12.   

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 of the previous statute.  This required storage for 45 days even if the tenant did not request it and was not present when the physical eviction took place.  The decision only applied to counties under the particular Court of Appeals division and was not uniformly followed.  Also, most sheriff’s departments did not allow storage in the rental property.  

Under the new law, the tenant must specifically request storage and the tenant’s personal property may be stored in the rental property. 

Under the new law the landlord must prepare a Request for Storage of Personal Property form which the sheriff serves along with the writ of restitution.  The tenant must complete and return the form to the landlord within three days.  If the tenant fails to do so the landlord has no obligation to store the tenant’s belongings. 

If the tenant returns the notice to the landlord the landlord must store the belongings if the cumulative value is at least $100.00.  The belongings may be stored in the rental property. 

The landlord must then give notice of intent to sell the personal property to the tenant’s last known address.  After the thirty days expire the landlord may sell all the property - including family pictures, personal papers, and keepsakes, and dispose of any items not sold. 

Although the statute is silent, the landlord should make reasonable efforts to promote the sale.  This should include classified ads and/or craigslist ads, for example.    

Scott Eller 

TM

The bill would prohibit tenants from knowingly providing false, inaccurate, or misleading
information during application process for tenancy.   If the information induces the landlord to rent to the tenant the landlord could evict the tenant with a ten-day notice.  Unlike a failure to pay rent or failure to comply with the lease, there is no opportunity to cure.

The bill imposes a deadline to for such evictions.  The landlord is limited to the sooner of forty-five days from discovery of the false information or one year from approval of the tenancy.

Unless the bill becomes law a tenant cannot be evicted in Washington for providing false or misleading information on a rental application.

Scott Eller

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. The homeowner may reasonably assume that they are a client of the real estate professional and/or that the real estate professional is looking after their interests. The homeowner may unwittingly waive or fail to avail themselves of very important rights and opportunities.

In fact the interests of the homeowner and the real estate professional are diametrically opposed. The objective of the real estate professional is simply to obtain the property at far below market value. The “rescue” is in fact designed to fail and to result in the real estate professional obtaining the property.

Usually it involves the rescuer buying the property for far less than the market value then leasing it back to the homeowner. The homeowner losses the title to the property and under the advice of the real estate professional enters into a lease they cannot afford either. The net result is the victim losses their home and the equity as well as other far better solutions, such as refinancing or selling the property at a market rate.

Often the former homeowner will ultimately face eviction. Sometimes courts will enter the eviction but reserve other issues for later determination.

If you are facing foreclosure and you are approached by someone promising to save you from foreclosure you should contact an attorney before agreeing to anything or signing any documents. If you believe you are already the victim of a foreclosure rescue scam you should contact an attorney immediately.

Reasonableness of late fees is currently up to the discretion of the court.  Generally it is best to avoid trying to enforce provisions that charge interest on late fees or that compound month after month.   

The bill would also prohibit eviction of tenant solely for failure to pay late fees.   

Scott Eller -

Seattle landlord attorney

Nevertheless, some court commissioners will dismiss a case if the landlord uses a PO Box on the notice to pay rent or vacate. Some have been known to dismiss the landlord’s case even if the landlord provided an address for a private mail box that is staffed during business hours. The rationale is that the tenant might not be able to comply within three days whether by mail or in person.

Some court commissioners will dismiss a case if the landlord uses a PO Box on the notice to pay rent or vacate.

This seems to run afoul of the statutory requirements. First, if the legislature intended to require a street address on the notice, they would have drafted language that expressly states as much, particularly in light of the fact that there is such express language as to the summons, but no language requiring a street address, or indeed any address, in the notice to pay rent or vacate.

Further, not all landlords have on site management and night drop boxes. The legislature was surely aware of this when the statute was drafted. Many are individual property owners who may have legitimate concerns about providing their personal residence address. Even if they were to provide a personal residence address, for the “ma and pa” landlord the tenant has no assurance that the landlord will keep certain hours and be home should the tenant wish to pay in person, nor that the landlord will have a drop box. Therefore a PMB that is staffed during business hours actually affords the tenant a much better opportunity to pay in person, should they elect to do so.

The legislature presumably knew when the statute was drafted that many rental property owners are small scale “ma and pa” investors and are not equipped to provide a business office and/or night drop box. This would explain why there is no requirement for a landlord to maintain any type of office on site or off, or provide a night drop box. And also why there is no language in the statute as to what address is required, or indeed stating that any is required, on the notice to pay rent or vacate.

Nevertheless, if some court commissioners are dismissing cases for PO box or PMB boxes it is best to avoid them on notices if possible. It might be an interesting issue to appeal, but for the landlord an appeal hardly sounds appealing.

 - Scott Eller

    Washington Landlord Attorney 

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.

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”.