Washington Landlord Tenant Law

65 posts

Abandonment by Residential Tenants

Abandonment must be clear and unequivocal.[1] The tenant need not expressly state an intention to abandon.  Such an intention may be implied by law.[2] “This inference may be drawn from anything which amounts to an agreement on the part of the tenant to abandon.”[3] The Residential Landlord-Tenant Act abolishes the common law right to distress for rent.[4] Any landlord who takes or detains the property of the tenant without express written consent and refuses to return the property upon demand to do so may be liable for actual damages and attorney’s fees.[5] If the refusal is intentional the landlord may […]

Accepting Rent After Notice to Terminate Tenancy

A recent published Court of Appeals unlawful detainer case ruled on the issue of whether a landlord may accept rent after service of a notice terminating a month to month tenancy.  The court ruled that the landlord did not waive the notice to terminate tenancy. After having been served a notice to terminate their month to month tenancy the tenants sent money orders marked as “rent” to the landlord.  The landlord’s attorney deposited the funds in his trust account and wrote a letter to the tenants informing them that the landlord still considered their continued occupation of the premises illegal. […]

Does a Lease Need to be Notarized?

Generally, no. But, both residential and non-residential leases must be notarized and contain a legal description if the term exceeds a year.[1] In general an unacknowledged lease for a term exceeding one year is effective only as an oral lease and results in a tenancy from month to month.[2] Courts may under the doctrine of part performance enforce a lease that does not satisfy the statute of frauds if equity and justice so require.[3] It should be noted that the statute of frauds (a legal rule requiring certain contract to be written) affects only the validity of the lease term. […]

Filtered Screening

[UPDATE NOTE: This bill ultimately did not pass.] A bill is being considered in Olympia that may limit landlord’s access to complete and accurate information and drive up the costs of obtaining tenant screening reports. The proposed law imposes new credit reporting obligations on tenant screening services. The new law would require them to issue only one complete screening report per tenant per sixty days and to issue a correction if information changes.

Landlord-Tenant Law and the Right to Bear Arms

The US Supreme Court recently rendered an important decision on the right to bear arms under the US constitution.  The decision applies to government action, not private relationships such as landlord and tenant. The Michigan Court of Appeals has ruled that a public housing landlord may enforce a lease provision prohibiting tenants from possessing firearms by evicting tenants that violate it.  The court cited legal precedents that establish the right to bear arms is not absolute and is subject to reasonable regulation. [1] It is important to note that although the tenant in question had apparent mental health issues, the […]

Do Not Pass “GO” – Wrongful Eviction in Washington

In Washington a residential landlord may have the tenant served along with the summons and complaint a notice requiring the tenant to pay rent within seven days or serve a response indicating no rent is owed. If the writ of restitution is issued the defendant is entitled to a hearing to dispute the amount of rent owed. A question arises when the landlord loses the case at the subsequent hearing. Although the question is unsettled law, the tenant may have a claim for wrongful eviction. A Washington tenant may present a claim for wrongful eviction if a writ of restitution […]