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 […]
Landlord-Tenant Blog
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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.
On June 8, 2006 I wrote in an article posted on this site about the new summons for residential unlawful detainer actions in Washington. In that article I wrote: Amendments to the Washington Residential Landlord-Tenant Act went into effect yesterday….It is unclear what…courts will do when inevitably many landlord plaintiffs – acting pro se or with attorneys not familiar with the new law – come into court having served the old eviction summons. A decision published last month by Division I of the Washington Court of Appeals held that a landlord had wrongfully evicted a tenant because the landlord’s attorney […]
Amendments to the Washington Residential Landlord-Tenant Act went into effect yesterday. The new law changes mandatory language in one form of eviction summons.
It is legal in Washington to possess and use marijuana for medicinal purposes with the approval of a doctor. Recently in King County a landlord attempted to evict a tenant because of drug possession and use. At a show cause hearing the court set the matter for trial, rather than granting the landlord the eviction. The tenant did not deny possession or use of illegal substances, but cited medical use as a defense. The court reasoned that the issue of whether the amounts of marijuana in question were appropriate for personal medicinal use should be heard at a trial, […]