Landlord-Tenant Blog

150 posts

But I Just Want My Property Back

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 […]

Two Warranties of Habitability

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 […]

New Law Affects Tenant Screening

    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 […]

Landlord Liable for Failure to Return Tenant Property

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.