MAINTENANCE, MORATORIUMS & MORE

That critical maintenance issues must be addressed even if a tenant is behind in rent?  This has been difficult for some landlords during the eviction moratoriums.  The landlord’s obligation to maintain the property is not waived when rent is unpaid. Per the Landlord Tenant Act, the landlord must, “except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy.” RCW 59.18.060.  Even if the lease has provisions which waive the landlord’s responsibility to maintain or repair the property, that section is legally unenforceable.

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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.