A man with a learning disability and limited education lost his job in 2008, and soon fell over $10,000 behind on property taxes. The county had not yet issued a certificate of delinquency, but the homeowner felt desperate to borrow against the significant equity in his home and pay the taxes to save his house. The homeowner met a mortgage broker. The homeowner thought the mortgage broker was arranging a loan. In reality, the homeowner deeded his house away to an investor and entered a lease with an option to buy-back.
Landlord-Tenant Blog
157 posts
A landlord leased commercial space to a tenant to operate a nightclub. The commercial tenant fell behind in rent. The landlord served a notice to pay rent or vacate, giving the statutory three-day period. The lease provided for twenty days to cure non-payment of rent. The tenant argued on appeal that the notice was defective. Although the notice only gave three days to cure non-payment of rent, the landlord waited more than twenty days before filing the summons and complaint. The Court of Appeals ruled that waiting the additional period before taking further action was sufficient, even though the notice […]
A commercial landlord brought an eviction against its tenant. The landlord also filed a separate lawsuit for rent and other money allegedly owed. The eviction was set for trial. The landlord and tenant agreed that the tenant would vacate prior to the trial date, and the tenant in fact vacated the commercial rental property. The tenant then moved for attorney fees, arguing that the landlord did not prevail in the eviction. The trial court denied the motion for fees, noting that neither party “won” the eviction case and the separate lawsuit for rent and other alleged damages was still pending. […]
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 […]
Beginning June 07, 2012 Washington state residential landlords who charge a fee for background checks will face new requirements.[1] The landlords will be required to disclose: what types of information will be accessed to conduct the tenant screening; what criteria may result in the denial of the application; the name and address of the consumer reporting agency, if used; the prospective tenant’s right to obtain a free copy of the consumer report in the event of an adverse action and to dispute the accuracy of information in the consumer report This information must be provided […]