Attorney Travis Eller recently presented at the continuing legal education seminar “Washington Landlord-Tenant Law From Start to Finish” for the National Business Institute. Mr. Eller’s topic was “Terminations and Evictions: When the Love is Gone.” The seminar is now available on demand.
Landlord-Tenant Blog
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Attorney Travis Scott Eller will speak at a King County Law Library webinar on November 1 at noon. Registration is free but limited. For details see the King County Law Library website.
Attorney Travis Scott Eller will lecture on landlord-tenant law at two continuing legal education seminars this fall. Mr. Eller will present on the topic “Terminations and Evictions: When the Love is Gone” at the National Business Institute’s “Washington Landlord-Tenant Law From Start to Finish: Practical Insights From Lease Agreement to Post-Tenancy Issues” on October 18, 2023. On November 17 Mr. Eller will present “2023 Federal & State Updates” which will focus on the CARES Act, just cause eviction, and terminating tenancies under state law for the Seminar Group’s “Residential Evictions” seminar. Travis Eller has been practicing landlord-tenant law for over […]
Most home sales go smoothly enough. Some do not. What if the seller refuses to move out? A new law protects buyers of residential properties when a seller refuses to move out after closing. Previously the buyer would have to go through a slower process called an ejectment action. Now the buyer can get the seller out through the expedited unlawful detainer process, which is what most people mean when they think of an eviction case. Certain conditions must be met before the buyer may bring the unlawful detainer action, rather than the slower ejectment process. The conditions are: 1) […]
Burien in recent months made various amendments to local landlord-tenant law. These laws offer clarify and conformity with state law, and impose new restrictions on landlords. How to resolve conflicts between state landlord-tenant law and local landlord-tenant law is a frequently litigated issue. The new Burien Code provisions clarify that if state and local law conflict, state law controls. This give clarity to landlords that they may use grounds for eviction under state law, even if there is no counterpart provision under local law. Issue often arise in eviction cases as to how much rent is owed, and whether the […]
Landlord-tenant law of only a few years ago is almost unrecognizable today. Below is a bullet-point list of some of the more important developments. An article cannot list all the changes or analyze them in depth. Consult with an attorney about your circumstances. CARES Act The federal CARES Act applies to any property with a federally-backed loan (Fannie Mae, Freddie Mac, etc.) and any unit with a Section 8 tenant. The CARES Act may apply if any tenant in any unit is a Section 8 voucher tenant, if the owner received a mortgage forbearance, and other circumstances. Courts may require […]
There are two bills being proposed in the Washington legislature that if enacted into law would impose strict rent controls in Washington. The proposals’ terms vary, but both would essentially peg rent increases to inflation, with a cap of seven percent. The bills are HB 1388 and HB 1389. HB 1389 has numerous provisions absent from HB 1388. Landlords could “bank” unused rent increase capacity if the landlord does not increase rent in a 12-month period. To preserve banked capacity the landlord would have to serve a statutory notice form and serve in the same formal legal manner as a […]
A recent Court of Appeals decision requires a 30-day notice to pay rent or vacate for any residential property with a federally-backed loan (FHA, Fannie Mae, Freddie Mac, etc.). The court was interpreting provisions of the federal CARES Act. Although state law requires only 14 days’ notice to pay rent or vacate, the court held that federal law preempts state law and requires 30 days’ notice if there is a federally-backed loan. The same statute applies to tenancies where the tenant receives Section 8 benefits. If the tenant being evicted is a Section 8 beneficiary, then a 30-day notice to […]
The CARES Act covers more than one in four rentals.[1] Contrary to a widely held misconception, provisions of the CARES Act applicable to rentals continue to apply and are not set to ever expire.[2] The CARES Act requires landlords to serve a 30-day notice before a tenant may be required to vacate. The language in the CARES Act does not require the landlord to provide an opportunity to cure. State law requires landlords to serve a 14-day notice to pay rent or vacate. The precise language is mandated by state law and provides that the tenant must either pay the […]
The CARES Act may impose additional requirements for landlords serving notices to terminate a tenancy. If your rental property is covered by the CARES Act you must give at least 30 days’ notice to your tenant for nonpayment of rent. Whether this applies to other types of notices (such as nuisance, for example) is an open legal question with court results varying. The CARES Act is the subject of a pending Washington Court of Appeals case. As the CARES Act is a federal law, it has been and will continue to be litigated in other court systems around the country. […]