Landlords often use a consumer report to screen new tenant applicants. The Federal Fair Credit Reporting Act (FCRA) mandates that a landlord who uses a consumer report make certain disclosures when the landlord takes an action adverse to a new tenant. Consumer report. A consumer report contains information about a person’s credit characteristics, character, general reputation, and lifestyle. Examples include credit reports and reports from tenant-screening or reference-checking services. The FCRA applies even if the landlord relies on the consumer report only as one reason for an adverse action. The information in the consumer report does not have to be […]
Washington Landlord Tenant Law
65 posts
Ignacio and Norma had a valid lease and did nothing to warrant eviction. They renewed their lease for an additional year. One month later a new landlord bought the apartment building. The new landlord asked them to sign a new month-to-month rental agreement. The tenants refused, because the landlord was subject to the lease signed with the previous landlord. The new landlord sued Ignacio and Norma for eviction (“unlawful detainer” in legal-speak.) The parties settled. Nevertheless, because their names showed up in an eviction in court records and consequently on credit reports, they had a hard time finding a new […]
Niko’s Gourmet Inc. rented commercial space from Pacific Security Financial Inc. The owners of Niko’s Gourmet Inc. personally guaranteed the lease obligations. Pacific Security Financial Inc. sold the building to Peyton Building, LLC. Pacific Security Financial Inc. and Peyton Building, LLC. did not, however, execute an assignment of the lease.
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 […]
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 […]
Washington tenants now have not just one, but two warranties of habitability. This is the upshot of a recently published Court of Appeals decision.[1] Since 1973 there has been an unresolved issue of whether there is one implied warranty defined in the Residential Landlord-Tenant Act, or also another created by case law. In 1973 the Washington Supreme Court held in Foisy v. Wyman that residential tenancies have an implied warranty of habitability.[2] Also in 1973 the legislature passed into law the Residential Landlord-Tenant Act (RLTA).[3] These two developments in Washington landlord-tenant law occurred independently. The Foisy case originated […]
Our law firm was not involved in the lawsuit described in this article. NOTE : The statute quoted in this article has since been amended. In a recent opinion Division II of the Court of Appeals upheld a $76,275.55 verdict against a landlord and the property management firm it retained.[1] In addition, the Court of Appeals added attorney’s fees in an amount to be determined for the appeal.