There is a difference between a tenant, an occupant and a guest in a rental.  A tenant, also called a lessee, signs a binding contract containing obligations under the lease. The lease agreement is between the landlord and tenant only.  Occupants are authorized to reside in the property with the landlord’s permission, but they do not have financial responsibility for the lease, nor are they entitled to tenant’s rights that might be afforded under the law.  Any violation of the lease, whether by the tenant, an occupant or a guest, must be addressed with the tenant.  A guest is a temporary occupant of the rental and has another residential address.  If the landlord allows the guest to pay rent or submit repair requests, the case could be made that the guest has status as a tenant legally.

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.

Tenants are jointly and severally responsible for the terms of the lease.  This means that any one tenant can be held liable for all the responsibilities associated with the lease, including the entire rental payment plus payment for any damages.

This also means that when the landlord completes the deposit accounting, any refund should made in one check, payable to all.  The landlord doesn’t want to be involved in determining who is responsible for what, they are all responsible, regardless of who did the damage or didn’t pay his or her share of the rent.  Even if one tenant vacated early, unless there are written instructions signed by all tenants to do otherwise, the refund should be payable to all.  Then the tenants get to fight over who gets how much and the landlord is not involved.

Finally, this means that tenants need to be very careful who they share a rental with!

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.

One of the recent changes to the Residential Landlord Tenant Act changes the 3-day pay or vacate notice to a 14-day notice.  Senate Bill B 5600 also defines rent as, “recurring and recurring and periodic charges identified in the rental agreement.”  Charges for late fees, damages or legal costs cannot be included in a pay rent or vacate notice. If a landlord was to include charges not defined as rent, doing so could invalidate the 14 day notice.

Judges will be able to consider “equitable factors” such as hardship or illness, when asked to grant an eviction order.

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.

Changes were made to the Residential Landlord Tenant Act effective today, 7/29/19. These apply state-wide, for all residential properties – whether the landlord owns one or a thousand, whether single-family, ADU or multifamily, whether professionally managed or owner managed.

A 60-day notice to increase rent will be required unless the rent amount is based on income.  Previously a 30-day notice has been required by state law.

A 14-day notice will be required to evict a tenant for non-payment of rent.  Previously, a landlord could issue a 3-day notice to vacate for non-payment of rent. Judges will be able to consider “equitable factors” such as hardship or illness, when asked to grant an eviction order.

Additional notice time will be required if a landlord gives a notice to vacate due to demolition or other change in use of the rental property.  Landlords are also required to apply payments towards rent first and other charges, such as late fees, legal fees, or utility payments after rent is paid.

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.

HUD calculates average rents each year.  This is done in order to determine payment standards for federal housing assistance programs. In a recent report, HUD reports that Washington has the 16th highest rent in the country out of 56 states and territories. For fiscal year 2019, in the Seattle-Bellevue, metro area (King County) average rent for a studio or efficiency is $1,416 per month and $3,228 per month for a house or an apartment with 4 bedrooms. 

Oregon has the 20th highest rent in the country out of 56 states and territories. Average rents for the Portland-Vancouver-Hillsboro metro area (Yamhill County) are $1,040 for a studio or efficiency and $2,327 per month for a house or an apartment with 4 bedrooms. 

Data by city is available here: https://www.rentdata.org/states/washington/2019

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.

There are multiple regulations regarding rentals in Washington State.  Besides federal and state laws, many local jurisdictions also have regulations.

Many cities have regulations limiting short-term rentals, which are defined as less than 30 days. Local cities with restrictions on short-term rentals include Bellevue, Kirkland, Seattle, and Kent. These often limit the number of short-term rentals an owner can operate as well as the number of days they may be rented per year.

Tacoma, Seattle and Bellingham have rental inspection ordinances. The city of Burien is currently discussing implementing an inspection ordinance. 

Many cities require a business license and/or registration.

Landlords must comply with Fair Housing laws, the Washington State Residential Landlord Tenant Act, plus whatever local ordinances apply.  These laws have changed dramatically in the last few years so constant education is necessary. 

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.

Washington State law specifies the procedure that must be followed before a landlord can remove or dispose of any personal property a tenant leaves behind.  It is illegal to include a clause in the lease that that waives or shortens this process.  A judge can award a tenant up to $500 per day for every day a tenant is without his/her personal property if a landlord illegally removes a tenant’s property.  If a landlord disposes of the tenant’s property without due process, the landlord could also owe the tenant the stated value of the belongings.

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 Federal Trade Commission (FTC) recently published an advisory on how to avoid rental scams.  Scams include hijacking a real rental listing by changing the email address or other contact information and then placing the altered ad on another site. Others gain access to keys in lock boxes, make copies, and pose as legitimate rental agents. Still others may list a property that’s already leased and then try to collect application fees, security deposits, and even the first month’s rent. 

Tips on how to avoid scams include the following:

If there is a sign or flyer in the rental, call the leasing office to make sure the person posing as the owner or leasing agent is legit.

The FTC also recommends:

Never pay with cash, wire transfers or gift cards. If anyone tells you to pay this way, it’s a sure sign of a scam. Wiring money is like sending cash – once you send it, you have no way to get it back.

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.