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December 23rd 2007

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”.

Department of Health

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December 7th 2007

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.

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October 9th 2007

Closing the Door on Proving Service of Notices

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. The third is conspicuously posting on the premises and mailing to each tenant.A potential pitfall for a landlord serving a notice by either personal or substitute service is that the tenant or substitute served might (and sometimes will) come to court and claim that they were never personally handed a notice.

To avoid this scenario, always place a notice on the door and mail a copy to each person residing in the property (whether or not they are supposed to be) no matter who you may have handed one to. All you need prove is that it was posted, not that the tenant ever saw it posted, and your declaration of service is presumed valid. Consider taking a photo.

The tenant gets an extra day when you mail a notice (which to be clear is required with substitute service or posting). Nevertheless, the advantage is that people lie in court every day, whereas doors very rarely do.

Scott Eller

Washington Landlord-Tenant Attorney

Access Evictions TM

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