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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 […]
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 […]
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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 […]
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 […]
Uncategorized How hot is too hot? That since 1983, by Washington State law, RCW 19.27A.060, hot water heaters must be set no higher than 120 degrees when the tenant first takes occupancy? If the tenant wants the temperature raised an acknowledgement and disclaimer should be signed first.
Uncategorized Renter’s insurance, but why? That landlords can require that tenants have renter’s insurance? From my perspective, the primary purpose is to protect owners if a problem occurs which causes damage to the tenant’s belongings, such as a pipe break or roof leak. If the tenant thinks the owner is responsible for the repair or replacement of the tenant’s personal […]
Uncategorized Do I have to? But I don’t wanna…. That fair housing laws require that landlords permit, at the expense of the person with a disability, reasonable modifications of the rental property if necessary for the tenant’s full enjoyment of the premises? The landlord can require that the tenant restore the property to its original condition when the tenant vacates if the modification will […]
Uncategorized Keep it up-to-date. Literally! That the rental market is slowly improving? Per Dupre and Scott, “Rents peaked in late 2008 and bottomed out a year ago. Since then they have been rising, but rents are still below their peak level. In the past 12 months, rents climbed 2.5%.” Tenants are demanding high end finishes and rental value on new […]
Uncategorized Tenant Notices-Delivery That if notices are mailed to tenants, such as pay rent or vacate notices, they must be mailed from the same county as where the rental property is located? RCW 59.12.040 – When a copy of notice is sent through the mail . . . service shall be deemed complete when such copy is deposited […]
Uncategorized Tenant Abandonment That if a tenant abandons a rental property, the landlord must store the tenant’s belongings for 45 days after learning of the abandonment? The courts have stated that there must be, “clear, unequivocal and decisive evidence” of “an absolute relinquishment of premises by a tenant.” The landlord must attempt to notify the tenant of the […]