Some leases have provisions that stipulate that if the tenant hold over a periodic month-to-month tenancy results. Such lease provisions may not be in the landlord’s interests. Automatic month-to-month lease provisions are not necessary. The rule in Washington is that if a tenant holds over after expiration of a lease term, pays rent, and the landlord accepts the rent, a month-to-month tenancy results as a matter of law.[1] No language in the lease is necessary. The month-to-month tenancy is created by the conduct of the parties. The bottom line—if the landlord wants to keep the tenant and the tenant wants […]
Landlord-Tenant Blog
157 posts
Some tenants avoid service of the initial eviction lawsuit pleadings. The initial pleadings are a summons and a complaint. The summons and complaint must be served by a disinterested non-party (not the landlord) and must be placed into the hands of a resident of the rental property. If the tenant avoids service—a common problem—once the process server makes several attempts at personal service the landlord can file a motion in court to allow service of the summons and complaint by posting and mailing. Service of the summons and complaint is only legally valid if there is a court order. (This […]
Seattle landlords are required to give all residential tenants a tenant information packet and voter registration information. The City has combined the tenant information packet and the voter registration packet into one packet. [1] If the landlord fails to provide the tenant information and voter registration packet, the tenant may give notice and terminate the tenancy. The tenant may also sue the landlord for actual damages, attorney fees, and monetary penalties of up to $1,000.[2] This rule applies to all residential tenancies in Seattle, including oral agreements and/or month-to-month agreements. If you have questions about landlord-tenant law you should consult with an […]
Update: This proposal was passed into law. A proposed Seattle ordinance would limit landlords’ use of criminal history, including sex offender registration.[1] Under the proposal, among other requirements and prohibitions: landlords could not use arrest records for any purpose, since an arrest is not proof of guilt; landlords could not use criminal convictions more than two years old without a “legitimate business reason”; landlords could not use an adult’s status as a registered sex offender without a “legitimate business reason”; landlords could not use a juvenile’s status as a registered sex offender for any reason.
A new ordinance requires Seattle landlords to provide voter registration to new tenants. Seattle landlords are already required to provide an informational packet on landlord-tenant law to each new prospective renter (not only those who sign a rental agreement), at each renewal of a tenancy, and annually to all month-to-month tenants. The landlord-tenant law pamphlet can be given electronically only to existing tenants. Voter registration will be added to the landlord-tenant law packet, which is currently fifteen pages. Washington state law also requires a mold disclosure pamphlet. The voter registration requirement is the latest in a series of new burdens […]
If a landlord treats individuals with comparable criminal histories differently because of their race, national origin, or other protected characteristic this is intentional discrimination and the landlord is in violation of the Fair Housing Act (i.e., discriminatory intent liability). Until recently, a landlord could safely avoid liability if the landlord consistently applied the same standard regardless of race when screening for criminal history. It is no longer that simple. Landlords are not required to accept all applicants regardless of criminal history. But, under HUD guidelines published in 2016 landlords may face liability when using broad, blanket prohibitions on renting to […]
Chong and MariLyn Yim live with their three children in a triplex in Seattle. The only way they can afford to live in Seattle is to rent out the other two units. The Yim family shares yard space with the renters. The children are occasionally home alone in the triplex. The Yims cannot financially afford the losses caused by a bad tenancy. The Yims are concerned about compatibility and safety, as they and the children live in close proximity with their renters. The Yims have never discriminated against anyone. Kelly Lyles is a single woman living in Seattle. She is […]
Several parties entered what the Court of Appeals described as a “convoluted series of real estate transactions.”[1] Essentially, the Bohms lived in a property owned by Roesch, and real estate developer Fred was to make the mortgage payments and eventually acquire the Roesch property along with other contiguous properties. Fred failed to make the payments. The Roeschs sought to evict the Bohms in an unlawful detainer action. The matter was set for trial. The Bohms counterclaimed, seeking to quiet title. These counterclaims were not allowed because title to land cannot be litigated in an unlawful detainer action. Nevertheless, […]
A husband and wife owned a home that was foreclosed. The wife moved out months prior to the foreclosure auction. The purchasers at the foreclosure auction served legal notices on the husband, but did not name the wife in the notices. The foreclosure purchasers served two notices—a “twenty-day” notice to vacate, and also a statutory notice all foreclosure purchasers are required to serve on occupants after a foreclosure auction. The husband did not vacate the home. The foreclosure purchasers brought an eviction (unlawful detainer action) against the husband. The husband argued that the notices served prior to the eviction lawsuit […]
For a Seattle residential landlord, selling your house can be tricky. Under the just cause eviction ordinance the landlord must give 90 days notice (not a 20-day notice). The date to terminate the tenancy (the date the tenant is to vacate) must be the last day of a rental period—usually but not necessarily the last day of a calendar month. The notice must be served at least 90 days in advance. It is not correct to simply add 90 days to the current date. Under a recent Court of Appeals decision, the landlord may not enter into a purchase and […]