A covenant of quiet enjoyment is implied in Washington leases. The landlord warrants that once the tenant has taken possession it will not be disturbed by the landlord or any third person with a right of possession. Wrongful evictions by the landlord, actual or constructive, breach this implied covenant. Interference by third persons that cause a breach of this covenant may occur if the landlord’s estate terminates, for example by foreclosure. The third person must actually interfere with the tenant’s possession. The tenant must vacate to claim constructive eviction. In residential tenancies this condition lacks much punch in most scenarios […]
Yearly Archives: 2013
5 posts
Implied in every lease agreement in Washington is a covenant, or duty of the landlord, to deliver exclusive possession to the tenant.[1] Preventing a tenant from gaining exclusive possession to land to which he or she is entitled under an agreement breaches this covenant and excuses any obligation to pay rent.[2] A tenant waives the right to rescind the lease but may still sue for damages when prevented from gaining possession of the demised premises at the beginning of the term, but waiting and occupying the premises as soon as they are available.[3] A lessee who is wrongfully refused possession of […]
I recently taught in Tacoma a seminar on landlord-tenant law. The feedback from attendees was very positive. The sponsoring organization sent an email informing me that: The attendees who filled out an evaluation rated your presentation as Excellent. Attendees’ comments: Your presentation was informative and had good materials You appeared very knowledgeable If we can assist with questions in landlord-tenant law please do not hesitate to contact us.
I have had the pleasure of presenting two landlord-tenant lectures at continuing legal education seminars this year – one in Tacoma and another in Seattle. My topic each time was landlord and tenant obligations. The seminar sponsor shared audience feedback, which was quite positive.
Some landlords think that if they serve a notice to terminate a month-to-month tenancy they can just call the sheriff once the notice expires, and the sheriff will evict the tenant. Wrong. Similarly some landlords believe if they do not care about money owed, and just want to evict a tenant – they do not need to serve a notice to pay rent or vacate. Wrong again. A landlord with a month-to-month tenant may serve a notice terminating the tenancy, even if the tenant is current on rent and otherwise in compliance with lease terms. Special rules apply […]