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 […]
seattle landlord tenant law
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Seattle Mayor Jenny Durkan yet again extended both the Seattle residential and commercial eviction moratoriums which are now set to expire January 15, 2022. Seattle residential tenants may only be evicted if actions by the tenant constitute an imminent threat to the health or safety of neighbors, the landlord, or to household members. The commercial eviction moratorium applies to small businesses and nonprofits. Small businesses are defined as having fifty or fewer employees. The commercial moratorium and separate Seattle laws require repayment plans for small businesses and nonprofits.
The controversial Seattle First in Time law was recently upheld by the Washington Supreme Court. Under the First in Time law, Seattle landlords seeking to fill vacant residential tenancies must provide notice of their rental criteria, screen applications in chronological order, and offer the tenancy to the first qualified applicant, subject to certain exceptions. Notice of rental criteria. The landlord must first “provide notice to a prospective occupant” of “the criteria the owner will use to screen prospective occupants and the minimum threshold for each criterion,” as well as “all information, documentation, and other submissions necessary for the owner to […]
A Seattle ordinance limits move-in costs landlords may demand for residential tenants. The ordinance places caps on fees, and allows tenants to pay fees and pre-paid rent, such as last months rent, in installments. The Rental Housing Association (RHA), a landlord industry association, challenged the validity of the law. RHA argued that the ordinance violated state law prohibiting rent control by local government, and violated the takings and due process provisions of the Washington state and federal constitutions. King County Superior Court Judge Susan Amini recently upheld the Seattle ordinance. She held that security deposits and other costs regulated by […]
Seattle passed a law in 2017 requiring landlords to accept the first financially qualified rental applicant who applies. The law took away any discretion on the part of the landlord, required the landlord to keep detailed records of when rental inquiries were received, and threatened landlords with hefty penalties for failing to comply. The law is known as the Fist-in-Time Ordinance. A King County Superior Court judge ruled the Fist-in-Time Ordinance unconstitutional. The case is now pending with the state Supreme Court. The City has filed a brief. The landlords brief is due soon. Oral argument has yet to be […]
A couple own a triplex. They live in one unit with their young children and rent out the other two units. The family frequently interacts with the tenants, and shares a yard. Landlords in that situation might feel it important to have a good gut feeling about an applicant before renting to them. Such a couple was among plaintiffs who challenged a Seattle law that took away essentially all landlords’ rights to use any discretion in renting. Under Seattle’s First-in-Time ordinance landlords are required to post criteria for renting vacant units and to accept the first tenant that met these […]
Sometimes a tenant owes the landlord for more than just the current month rent. If a tenant offers money short of the total amount owed, it is important that the landlord apply the payment to the oldest month first. Otherwise, in an eviction or civil action the court might hold that the landlord waived the prior months. For example, if the current month is February and the tenant has not paid any rent this year, then offers the amount of one month rent, the landlord should apply the payment to January, not February. If the tenant notes on the payment […]