Uncategorized Deposits & Fees; now I see! That anything referred to in a lease as a deposit must be fully refundable. Any monies that are not refundable must be referred to as a non-refundable fee (such as a cleaning fee, pet fee, etc).  If a deposit or fee is charged: the rental agreement must be in writing and it must say what each […]
Uncategorized “Foreclosure Notices”; what you need to know… That there are both federal and state laws which protect tenants in the case of a foreclosure?  State law requires the successor owner to give tenants a 60 day notice to vacate after transfer of title.  The federal law requires a 90 day notice to a tenant on a month-to-month lease.  If the new owner […]
Uncategorized Hot tub may lead to hot water! There have been at least three million dollar lawsuits regarding hot tubs in rentals on the astside?  Even if the landlord/listing agent/property manager is found innocent, thousands of dollars can be spent mounting a defense.  Owners with features such as hot tubs, pools, ponds, streams, etc. should be advised to consult an insurance agent and/or […]
Uncategorized You’ve got that “uneasy” feeling; now it’s gone, gone, gone… To meet fair housing  standards, landlords must consistently apply the same screening criteria to all?  The King County Office of Civil Rights explains that landlords must develop a, “consistent and sound screening policy that measures a potential resident’s willingness and ability to pay rent.”  This policy must include quantifiable, pre-determined criteria, which usually includes the […]
Uncategorized Don’t judge me… That Fair Housing testing can occur at the local, state or federal level?  An undercover investigation conducted by the city of Seattle, through the Office of Civil Rights, found more than 50% of properties tested showed evidence of illegal housing discrimination.  Testers found that blacks were quoted higher rents than whites and in 36% of […]
Uncategorized Tenant “Hokie-Pokie”: Put the right one in, take the right one out… That the tenants in a lease cannot be changed with out the signatures of all parties to the lease? This is important when roommates rent together and one wants to move out before the other. Unless all roommates, any co-signers, and the landlord agree in writing otherwise, the tenant vacating remains responsible for all terms […]
Uncategorized Military Eviction: true or false? That 2011 changes to the Servicemembers’ Civil Relief Act give active military personnel additional protections? The act allows for servicemembers to terminate a lease in cases of deployment or reassignment. The act also gives servicemembers certain protections from eviction. A servicemember may terminate a residential lease for three reasons: entering active duty, permanent change of […]
Uncategorized Time’s up, you’re it… That if a lease is for a set term and does not specify that the tenants give notice at the end of the term, the tenant can vacate at the end of the lease without written notice?   If neither party gives notice and the tenants remain in the property, the lease will automatically become a […]
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Uncategorized Sold sign goes up, tenants lease comes down?? When a rental  property is sold  the lease remains in force.  If a sale occurs when there is a tenant in place the following need to be transferred to the buyer: ¨      Lease ¨      Move in inspection ¨      Tenant ledger ¨      Tenant deposit and any pre-paid rent ¨      Tenant contact information ¨      Keys If closing is […]
Uncategorized Snakes, fish & cocker-doodle as service animal? That the ADA attempted to clarify the definition of service animals? The new legislation was effective March 15, 2011, and defines a service animal as, “A dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability.” It goes on to say that, “Other species […]
Uncategorized Snakes, fish & cocker-doodle as service animal? That the ADA attempted to clarify the definition of service animals? The new legislation was effective March 15, 2011, and defines a service animal as, “A dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability.” It goes on to say that, “Other species […]
Uncategorized Signatures; we don’t need no stinkin’ signatures.. That the Washington State Landlord/Tenant Act requires a written move in inspection report, signed by both parties, if a deposit is collected? * If there’s no written inspection report, the landlord can’t withhold any portion of the deposit, even if the tenant significantly damages the property and owes back rent. Without a written report, documenting the […]
Uncategorized You need a copy of..what was it? That changes in the Washington State Residential Landlord Tenant Act now require that each tenant receive a copy of the executed lease? When there is a written rental agreement for the premises, the landlord shall provide an executed copy to each tenant who signs the rental agreement. The tenant may request one free replacement copy […]
Uncategorized Dear Mr. Out-of-State Landlord.. That as of July 22, 2011, changes in the Washington State Residential Landlord Tenant Act allow for an out of state landlord who violates the LT Act to be sued in Washington State? Regardless of such designation, any owner who resides outside the state and who violates a provision of this chapter is deemed to […]
Uncategorized Lease Break-breaking the bank?? That if a tenant breaks a lease the landlord is required to make a good faith effort to re-rent the property? The courts typically interpret this as listing the property for the same rent. If the landlord decides to sell the property instead of renting it again, s/he has not complied with this requirement and […]
Uncategorized Pre-1978 renovation requirements That since April 2010 federal laws require that firms working in pre-1978 homes must be certified and use lead-safe work practices during renovations? Renovators must comply with new certification, training, pre-renovation notification and work practice standards for common renovation activities like sanding, cutting and demolition. The penalty for non-compliance can be as much as $37,500 […]
Uncategorized Out of State Owners That the Washington State Landlord Tenant Act requires that there be a designated representative within the county where the rental property is located?  A change to the law, effective 7/22/11, strengthens this requirement: [Regardless of such designation, any owner who resides outside the state and who violates a provision of this chapter is deemed to have […]
Uncategorized Denied, Where’s my letter? That, per the Fair Credit Reporting Act, landlords must send written notice to a tenant not only if s/he is denied tenancy, but also when the tenant is approved if that approval is conditioned on an increase in the tenant’s obligations. An “adverse action notice” must be sent if any of the following occurs: An […]
Uncategorized Damages vs. Wear & Tear That by state law a tenant  cannot be charged for any normal wear and tear that occurs to the rental property?  Even if a tenant does damage to the property the cost of repair or replacement may need to be depreciated.  For instance, HUD says that interior paint in a rental has a life expectancy of two […]
Uncategorized Mortgage vs Rent- The nuts and bolts That rent and a mortgage are different? Obviously you did. However, it is easy for investment owners to think that the monthly rent and the monthly mortgage amount are related, but they are not. A mortgage is an agreement with the bank based on the amount of the loan, the buyer’s credit history and the […]