Washington Landlord Tenant Law

65 posts

Proposed Change to Residential Landlord Tenant Act

Some tenants facing eviction refuse to answer the door and accept service of the eviction lawsuit. Pre-litigation notices like the 3-day notice to pay rent or vacate can be posted and mailed if the landlord or person serving the document knocks and no one answers. This is not true for the eviction lawsuit summons and complaint. If the tenant continues to refuse to answer the door, the landlord upon a showing of diligent efforts at person service can seek a court order to post and mail. However, when the landlord utilizes this type of court approved post-and-mail service of the […]

New Deadline for Deposit Statement on Move-out

Residential landlords in Washington must provide a statement of the security deposit and any refund due after the tenant moves out of the property.[1] This requirement applies whether the tenant moved out in a regular manner—at the end of the lease term or “20-day” notice—or the tenant abandoned the tenancy.   The landlord may not withhold any amount of a deposit for normal wear and tear.   If the landlord fails to give the required statement in a timely manner, the tenant is entitled to the full amount of the deposit. The prevailing party is entitled to costs, including an […]

New Law Allows Courts to Limit Information in Tenant Screening Reports

A landlord sued his tenants for eviction, even though the tenants had a valid lease and the tenants did nothing to warrant eviction. The eviction case was settled. The tenants claimed that—although they were not in the wrong to begin with—the eviction case being on public record made it difficult for them to find adequate housing. The tenants moved to replace their names with their initials in the docket, so that their names would not show up on eviction screening reports. The motion was granted, but the court clerk appealed the order. The case eventually reached the Supreme Court of […]

New Residential Tenant Screening Rules

Tenants sometimes must apply to several places before they find a new renal home. The cumulative costs of paying for screening reports is a considerable expense for some tenants. One possible solution is a comprehensive reusable tenant screening report. A comprehensive reusable tenant screening report is prepared by a consumer reporting agency.  The prospective tenant requests and pays for the report. To avoid fraud, the report is made available directly to the landlord.  The landlord is not charged for the report. A comprehensive reusable tenant screening report contains:  (a) a consumer credit report prepared by a consumer reporting agency within […]

Tenant Sues Landlord Over Security Deposit

Jessica gave a 20-day notice and then on August 27 vacated the house she had been renting.  Jessica did not turn in her keys until September 3—in part because of the Labor Day holiday—but the landlord had access to the rental property as of August 27. The landlord treated September 3 as the move-out date. After completing its move-out inspection, the landlord contacting a vendor on September 9—12 days after it had access to the rental. On September 13 the landlord gave an estimated statement.  The landlord followed up with a final statement on October –43 days after Jessica vacated […]

Amending or Waiving Landlord-Tenant Law by Contract

FPA Crescent Associates, LLC (FPA) owns the Crescent Building in Spokane, Washington.  It leased a portion of the building to Pendleton Enterprises LLC (Pendleton).   The lease defined the “lease term” as beginning on the commencement date and ending on the expiration date, unless terminated sooner pursuant to the express terms and conditions of the lease.   The lease authorized FPA to terminate the lease on any event of default.  The lease terms provided that if the tenant defaulted on any of its terms, the landlord then had “the option to terminate this Lease, in which event Tenant shall immediately […]

Tenant Current on Rent Evicted

A landlord believed the lease required the tenant to pay $2,000 per month in rent. The tenant believed the lease required only $1,200 rent per month. For about a year and a half, the tenant paid and the landlord accepted without objection the $1,200 in rent. The landlord then served a notice to pay rent or vacate, demanding the $800 per month for the entire period. The notice to pay rent or vacate named the tenants as individuals “d/b/a KYB Farm” rather than the tenant’s correct name, “KYB FARMS, Inc.” The tenant offered $1,200 for the current month, which was […]

Tenant Denied Emotional Damages for Relocation

A couple purchased a property to use as a residential rental. They obtained a license to rent the property as a single family dwelling, but later converted the basement into a second unit—but without required permitting. Only five days after the landlords rented out the basement, code enforcers ordered the tenants to vacate the basement, and limited use of the rental property to a single family dwelling.

Tenants May Pursue Consumer Protection Act Claim

The Handlins applied to rent an apartment. They were turned down because a tenant screening report showed a previous eviction. The Handlins provided information showing that the previous eviction case had been resolved in their favor. The credit reporting agency corrected the report. The Handlins were still turned down for the apartment they wanted. The Handlins requested a copy of their report via the credit reporting agency’s website.  They wanted to know what additional negative information kept them from getting the apartment they wanted. When they did not get a response, they sent the request through an attorney by email, […]

Tenants May Claim Relocation Assistance in Eviction Cases

Pham, a Seattle residential landlord, bought a rental property at foreclosure. It was metered for five units, so he assumed it was properly permitted for five living units. It turned out that the building was only permitted as a triplex. Pham rented Unit 5 to Corbett and Morgan. The tenants often paid rent late or in installments. The tenants complained to the landlord about the rental unit’s condition, including rats, a lack of railings on an outside deck, and leaking water/sewage issues. The tenants stopped paying rent after the lease ended, but remained in possession. The landlord served a notice […]