Landlord-Tenant Blog

149 posts

Shoreline Passes New Tenant Protections

The City of Shoreline passed a new law this week creating new local tenant protections, including an increased notice of rent increase timeframe; limits on move-in fees, late fees, and security deposit amounts; a requirement to allow payment plans for move-in costs; and a prohibition on the requirement of providing a social security number. For rent increases of three percent but less than ten percent the landlord must give 120 days’ notice. For rent increases of ten percent or more, the landlord must give 180 days’ notice. All move-in fees and security deposit may not exceed one month’s rent. The […]

Tacoma Measure One

Measure One (also known as the “Tacoma Landlord Fairness Code Initiative”)  passed in the recent election and is expected to be enacted into law soon. Below is a short outline of some of the key provisions. We will post a more detailed analysis later. For advice about your circumstances, it is always best to consult with an attorney. Rent increases.  Landlords must be in compliance with all federal, state, and local tenant protection laws before raising rent. The landlord must use a rent increase form established by the City of Tacoma. Rent increases require two notices, one between 180 and […]

Attorney Travis Eller to Lecture at Legal Education Seminars

Attorney Travis Scott Eller will lecture on landlord-tenant law at two continuing legal education seminars this fall. Mr. Eller will present on the topic “Terminations and Evictions: When the Love is Gone” at the National Business Institute’s “Washington Landlord-Tenant Law From Start to Finish: Practical Insights From Lease Agreement to Post-Tenancy Issues” on October 18, 2023. On November 17 Mr. Eller will present “2023 Federal & State Updates” which will focus on the CARES Act, just cause eviction, and terminating tenancies under state law for the Seminar Group’s “Residential Evictions” seminar. Travis Eller has been practicing landlord-tenant law for over […]

What if the Seller Won’t Move Out?

Most home sales go smoothly enough. Some do not. What if the seller refuses to move out? A new law protects buyers of residential properties when a seller refuses to move out after closing. Previously the buyer would have to go through a slower process called an ejectment action. Now the buyer can get the seller out through the expedited unlawful detainer process, which is what most people mean when they think of an eviction case. Certain conditions must be met before the buyer may bring the unlawful detainer action, rather than the slower ejectment process. The conditions are: 1) […]

Burien Amends Local Landlord-Tenant Law

Burien in recent months made various amendments to local landlord-tenant law. These laws offer clarify and conformity with state law, and impose new restrictions on landlords. How to resolve conflicts between state landlord-tenant law and local landlord-tenant law is a frequently litigated issue. The new Burien Code provisions clarify that if state and local law conflict, state law controls. This give clarity to landlords that they may use grounds for eviction under state law, even if there is no counterpart provision under local law. Issue often arise in eviction cases as to how much rent is owed, and whether the […]

Recent Changes in Landlord-Tenant Law

Landlord-tenant law of only a few years ago is almost unrecognizable today. Below is a bullet-point list of some of the more important developments. An article cannot list all the changes or analyze them in depth. Consult with an attorney about your circumstances. CARES Act The federal CARES Act applies to any property with a federally-backed loan (Fannie Mae, Freddie Mac, etc.) and any unit with a Section 8 tenant. The CARES Act may apply if any tenant in any unit is a Section 8 voucher tenant, if the owner received a mortgage forbearance, and other circumstances. Courts may require […]

Washington Rent Control Proposals

There are two bills being proposed in the Washington legislature that if enacted into law would impose strict rent controls in Washington. The proposals’ terms vary, but both would essentially peg rent increases to inflation, with a cap of seven percent. The bills are HB 1388 and HB 1389. HB 1389 has numerous provisions absent from HB 1388. Landlords could “bank” unused rent increase capacity if the landlord does not increase rent in a 12-month period. To preserve banked capacity the landlord would have to serve a statutory notice form and serve in the same formal legal manner as a […]

Are Pay or Vacate Notices Now 30-Day Notices?

A recent Court of Appeals decision requires a 30-day notice to pay rent or vacate for any residential property with a federally-backed loan (FHA, Fannie Mae, Freddie Mac, etc.). The court was interpreting provisions of the federal CARES Act. Although state law requires only 14 days’ notice to pay rent or vacate, the court held that federal law preempts state law and requires 30 days’ notice if there is a federally-backed loan. The same statute applies to tenancies where the tenant receives Section 8 benefits. If the tenant being evicted is a Section 8 beneficiary, then a 30-day notice to […]