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 amounts on the landlord’s documents are enforceable. Under Burien law, all move-in costs (security deposit, etc.) are capped at one month’s rent. If the landlord collected more than this amount, whether the tenant is entitled to an offset on rent owed for the overage could be a legal issue in an eviction case.
There are limitations on rent increases. If a rent increase is between three and ten percent, the landlord must give 120 days’ notice. If a rent increase is over ten percent, 180 days’ notice must be given. For rent increases of less than three percent, notice must be given under state law (currently sixty days). For all rent increase notices, the landlord must serve the notice in the formal legal manner required for all predicate notices. No rent increase notice is valid if there are needed repairs. Failure to comply with these laws could call in to question the rent amounts the landlord demanded on various legal documents in an eviction case.
A landlord may not serve a notice or otherwise pursue eviction unless the rental property is registered with the city and no required inspections are past-due.
Landlord-tenant law is a complex layer cake. It is best to consult with an attorney before serving an eviction notice.
