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. […]
Landlord-Tenant Blog
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Many assume that in a lease to own housing transaction it is a simple matter to regain possession if the potential buyer fails to close and/or fails to pay rent. Not so fast. A landlord may bring either an unlawful detainer action or ejectment action to evict a tenant. It is far preferable for the owner to bring an unlawful detainer action. An unlawful detainer action is an expedited form of litigation narrowly tailored to the issue of possession. Counterclaims are only proper if they relate to the issue of the right of possession. However, unlawful detainer actions can only […]
[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.
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 […]
The federal Fair Debt Collection Practices Act (FDCPA) applies to any person who regularly collects or attempts to collect debts for another. The definition might include property management firms under certain circumstances, but does not include landlords acting pro se. The FDCPA exempts attempts to collect debts that were not in default when obtained. For example, this exemption would apply as long as the tenant was not in default when the property management firm was retained. Conversely, if a property manger accepts an assignment of a debt after it has become due and is in default the exemption may not […]
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 […]
The legislature has passed and Governor Gregoire is expected to sign Monday, March 17, 2008, a new law that changes the landlord’s obligations to store a tenant’s belongings when a tenant is evicted.
[IMPORTANT UPDATE: The law has changed since this article was published. See article on new law regarding storing tenant property.] Abandonment is an absolute relinquishment of a known right. The landlord must be prepared to prove abandonment with clear and convincing evidence. In the event of such abandonment the landlord may immediately enter and take possession of any property of the tenant found on the premises and store it in any reasonably secure place.
NOTE: This information in this article has been superseded by subsequent legislation. See New Laws Protect Tenants When Landlord is Foreclosed An eviction notice is required for most evictions in Washington. However, case law establishes that such a notice is not required to evict someone after foreclosure. Twenty days after foreclosure the successful bidder at the trustee’s sale has an immediate right to possession. If after twenty days from the trustee’s sale the previous owner is still in possession of the property the new owner must bring an eviction action to exercise the right to possession. However, no eviction […]
In Seattle a residential tenant may only be evicted for “just cause”. The just causes are enumerated in a city ordinance. A landlord may evict a tenant in a residential tenancy in Seattle for only those causes enumerated. A month-to-month tenant is essentially a tenant in perpetuity.