The Burien City Council voted Thursday to keep its eviction moratorium in place until Governor Inslee says Washington is no longer in a state of emergency.  Mayor Harrell extended Seattle’s eviction moratorium through February 14, 2022.  Burien’s eviction moratorium prohibits evictions for non-payment of rent while Seattle’s prohibits evictions for any reason other than imminent danger to people. Kenmore also had an eviction moratorium that was scheduled to expire on January 15, 2022.  Nothing has been published about whether it will be extended; their next city council meeting is scheduled for January 24^th. 

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 legislature is at it again!  House Bill 1300 and Senate Bill 5576 are draft bills proposing legislation intended to protect tenant deposits.

The measures include the following provisions:

• Require more detailed move in/move out inspection reports.
• Require the housing provider to provide documentation of estimates or invoices for cleaning or repair before retaining any portion of the security deposit.
• Excludes ‘wear from ordinary use of the premises’, defined as, “Deterioration from intended use, breakage or malfunction, excluding abuse, accident and negligence.”
• Excludes carpet cleaning beyond “wear from ordinary use.”
• Allows the tenant to request a walkthrough in which the tenant is present, and which will occur between 14 and 30 days before the termination of the tenancy.  Immediately following the walkthrough, the landlord must provide a written checklist or statement, which shall be signed by the landlord and tenant.

*It is unclear whether this inspection is intended to be the final inspection.

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 a number of unknowns when it comes to a rent increase in Seattle.

Under Seattle’s new rent increase ordinance, tenants must be given a six-month notice of a rent increase.  This is not a commitment to lease the property, just a notice that the rent will be going up. 60 to 90 days prior to the lease termination date, the landlord can provide the tenant with a new lease or give notice to vacate, based on one of the allowed reasons under Seattle’s Just Cause Eviction Ordinance.  If neither happens, the lease term become a month-to-month rental agreement.

What is unknown is if the landlord can sign a lease now that incorporates a rent increase that goes into effect in six months.  The courts could interpret this as that the tenant did not receive the required 180-day notice for rent increases because the tenant did not have six months to consider signing a lease at a new rate.  Only when there is case law will we know what the answer is.

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.

Under the new “Just Cause Eviction” state law, landlords can give a 90-day notice that a tenant must vacate if the owner wants to sell a single-family home.  According to this law, within 30 days of the tenant vacating the rental, the landlord must list the property for sale, “At a reasonable price with a realty agency or advertise it for sale at a reasonable price by listing it on the real estate multiple listing service.” 

What happens to the buyer if the seller does not give proper notice of his/her plan to sell?

Since the buyer of the rental house cannot cite an intention to sell as a reason for a notice to vacate, if the tenant does not vacate prior to closing, the buyer may be required to initiate a new legal action to remove the tenant.  After closing, the buyer could give a 90-day notice to vacate due to their intention to personally occupy the property.  Not much help if the moving van is due to arrive, is it?

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! Tell me about it!!!

There is a difference between a reasonable accommodation and a reasonable modification. 

Landlords must agree to either as long as the request is reasonable and is related to a disability.  HUD says the landlord may deny the request if it places, “an undue financial or administrative burden on the housing provider or alters the fundamental nature of their program.”

A reasonable accommodation is a change, exception or adjustment to a rule, policy, practice or service.  These would include a request to allow an emotional support animal in a no pets building or a request that a landlord communicate with a deaf tenant via a relay service for hearing impaired persons.  The cost of a reasonable accommodation is the landlord’s.

A reasonable modification is a physical change made to the tenant’s living space or to the common area(s) of the property in order to enable the tenant with a disability to have full use of the rental property.  These would include allowing a tenant to install a wheelchair ramp or to install grab bars in a shower.  The cost of a reasonable modification is the tenant’s.  The tenant is responsible for returning the property to the same condition as when first leased if leaving it intact would impact the next tenant’s use of the rental.

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 bill the Seattle City Council recently passed requiring 180 days’ notice for rent increases takes effect next month.  The relocation-assistance requirement takes effect in July 2022.

Any notice of rent increase requires specific language, font size and formatting: 

RIGHT TO LEGAL COUNSEL: CITY LAW PROVIDES RENTERS WHO ARE UNABLE TO PAY FOR AN ATTORNEY THE RIGHT TO FREE LEGAL REPRESENTATION IN AN EVICTION LAWSUIT. If you need help understanding this notice or information about your renter rights, call the Renting in Seattle Helpline at (206) 684-5700 or visit the web site at www.seattle.gov/rentinginseattle.

If the increase will take effect July 1, 2022, or later and is for 10% or more, there are more requirements, including method of delivery. In addition, the notice must include a packet about the new economic displacement relocation assistance program. This has not yet been developed by Seattle Department of Construction & Inspections (SDCI) but is expected in the next six months.

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.