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 […]
Landlord-Tenant Blog
153 posts
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 […]
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 […]
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 […]
A Seattle residential landlord may evict a tenant only for just cause. Just cause is defined by Seattle ordinance. Landlord intends to occupy the rental unit. If the landlord or member of the landlord’s immediate family wishes to occupy the rental property as a primary residence, this is just cause to evict. The just cause eviction ordinance was recently modified so that this now requires 90 days notice. The last day of the 90-day period must be the last day of the lease or the last day of a rental period. Landlord intends to sell a single-family dwelling unit. If the […]
A Seattle residential eviction with a complicated procedural history was recently upheld on appeal.[1] The lease expired and the tenancy continued month-to-month. After a parking dispute between the tenants and a neighbor, the landlord served a notice terminating the tenancy indicating that a member of the landlord’s immediate family intended to reside in the rental property. The tenants did not vacate, forcing the landlord to bring an eviction action. In Seattle residential tenancies just cause is legally required to evict a tenant, even if the tenant is month-to-month. The landlord is required to state the just cause eviction grounds in […]
The National Institute for Trial Advocacy is the self-described “premier provider of learning-by-doing education for the legal profession.” NITA emphasizes instruction workshop-style. Attorneys get practice on their feet doing the actual work they do in real life, with feedback from esteemed colleagues and judges. To achieve NITA’s Advocate status requires completion of required advanced learning-by-doing seminars, plus one elective at the NITA headquarters in Boulder, Colorado. Several years ago Travis Eller completed these requirements and NITA awarded him its “Advocate” designation.
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 […]
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 […]
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.