If the landlord requires a deposit to hold a property, the applicant must receive a receipt and a written statement of any conditions under which the deposit may be retained by the landlord.  If the prospective tenant does move into the rental property, the amount of the deposit must be applied towards the first month’s rent or the tenant’s deposit.  If the tenant doesn’t move in, the landlord may keep the holding deposit as long as doing so is in accordance with the statement of conditions given to the prospective tenant.  (RCW 59.18.253)

In other words, if the landlord wants the prospective tenant to pay any money prior to move in, these disclosures must be provided.  There is no language in many standard leases that fulfills this requirement!

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

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.

The secretary of HUD has instructed the Federal Trade Commission (FTC) to investigate websites that sell assistance animal verifications online.  Many landlords have asserted that tenants are purchasing these certificates online in order to avoid paying pet deposits, rent and/or fees and that the services selling the certificates don’t adequately verify that there is a legitimate need. Secretary Carson stated that providers who sell assistance certificates online must have “personal knowledge of the individual’s disability-related need for the animal.” HUD describes “personal knowledge” as “knowledge of the type that health care providers ordinarily use for diagnosis and treatment,” as contrasted with simply self-selecting from an online questionnaire and assessment tool.  HUD also suggested that tenants with legitimate need for reasonable accommodation for a service animal are being taken advantage of by these services.  Hopefully the FTC will act against those who do a disservice to legitimately disabled Americans who need a service or emotional support animal while preventing “click and pay” assistance animal verifications.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

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.

Not responding to a rental applicant’s request for a reasonable accommodation could be considered a violation of Fair Housing.  A local sales broker who had a rental listing last year, has been notified that a Fair Housing complaint has been filed against him and his firm.  According to HUD, a potential tenant told the listing broker that she had an emotional support animal and would like a reasonable accommodation to allow the animal, despite the owner’s no pet policy.  The broker requested a photo of the dog and offered to contact the owner for permission.  The potential tenant texted a photo of the dog and a copy of a doctor’s note that day.  The broker never got back to the applicant.  According to HUD, the lack of response, “constituted a denial to rent.”

A service animal, whether called an emotional support animal, a comfort animal or a support animal, is not a pet.  The landlord does not have the right to deny a documented service animal.  HUD fines tend to be in the tens of thousands.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

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.

Managing a rental property is getting more complicated every day!  Not only have changes been made on the state level, but counties and have enacted a number of regulations and are considering more.  The Rental Housing Association lists the following as considered or passed in 2019, along with policies being considered in 2020.  Anyone managing or owning residential rental properties must be aware of these changes.

2019

• Federal Way: Just Cause Ballot Initiative
• Federal Way: Rental Inspection Program
• Auburn: Rental Inspection Program
• Burien: Just Cause
• Burien: Renter Information Packet
• Burien: Rental Inspection Program
• Burien: Installment Payment Plans on Deposits and Move-in Fees
• Seattle: Domestic Violence Rental Damages
• Seattle: Notice of Intent to Sell 
• Seattle: Unauthorized Occupancy Protections 
• Seattle: Local Rent Control
• Seattle: 180-days Notice to Increase Rent

2020

• Tacoma: Installment Payment Plans on Deposits and Move-in Fees
• Tacoma: 60-day Notice to terminate tenancy
• Tacoma: 60-day Notice to Increase Rent
• Tacoma: Renter Information Packet 
• Tacoma: Renter Relocation Assistance 
• Renton: Rental Inspection Program
• Kent: Rental Inspection Program
• Kenmore: 90-day Notice to Increase Rent
• King County: Just Cause
• King County: Renter’s Commission
• King County: Inclusionary Zoning
• King County Relocation Assistance
• Olympia: Renter Protections
• Kent: Just Cause
• Tacoma: Inclusionary Zoning
• Tacoma: Just Cause
• Lynnwood: Renter Protections
• Everett: Renter Protections
• Spokane: Renter Protections

WASHINGTON STATE

• Statewide: Just Cause
• Statewide: Security Deposit Payment Plans
• Statewide: Criminal Record Ban for Tenant Screening
• Statewide: Rent Control

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

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.

Other factors to consider are vacancy rates, appreciation rates and how long the property will be held as a rental.  If you’d like to read the entire article, it is here, https://www.forbes.com/sites/forbesrealestatecouncil/2019/10/15/four-reasons-now-is-the-time-to-invest-in-rental-property-ownership/#458d7f3a1e78

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

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.

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 with the same terms offered, including the same rent, for the balance of the lease term.  If the landlord decides to sell the property instead of renting it again, s/he has not complied with this requirement and probably cannot charge the tenant for lost rent. 

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

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.

A landlord must give a 48-hour notice prior to entering the property for a repair or inspection.  This notice applies to the yard, if it is included in the lease.  According to the Landlord Tenant Act (RCW 59.18.150), a landlord has the right to enter a rental, provided that the landlord doesn’t, “abuse the right of access or use it to harass the tenant.” The notice to enter should contain the exact time and date of entry, or “specify a period of time in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry.” The tenant may say no to a proposed date and time, if doing so is reasonable.  The landlord may enter without notice in case of an emergency or abandonment. 

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

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.