Did you know... May 19, 2014

RULES AND REGULATIONS CAN VARY!

Different cities may have different codes, rules & regulations regarding rentals.

For instance, the Seattle Municipal Code includes requirements that there be deadbolts on entry doors, dead bolts or other approved locking devices on all sliding patio doors, that locks be re-keyed between tenants and the prohibition against double cylinder deadbolts.  It also specifies the type of locks required on garage doors and on opening windows.

In order to reduce liability to the owner, it is a good idea to re-key locks between tenants even in municipalities that don’t require this action. Do yourself a favor! Be knowledgeable regarding the rules and regulations specific to your town!

SEE: http://www.seattle.gov/DPD/Publications/CAM/cam604.pdf  for more details.

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

single arrow disclaimerNothing 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 obtain the advice of an attorney well versed in these matters.

Did you know... May 14, 2014

Bright Light

Did you know... May 12, 2014

EVICTION – WASHINGTON STATE

If a tenant has not paid rent, the first step in the eviction process is serving the tenant with a 3 Day Pay or Vacate Notice.  If the tenant does not pay the rent or continues to occupy the property, then an Unlawful Detainer Action can commence. The initial notice can be served by the owner but there is a very specific process that must be followed.  For instance, each person on the lease must receive a separate notice, even if the tenants are married. 

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 obtain the advice of an attorney well versed in these matters.
Did you know... April 28, 2014

Attractive Nuisance

Doesn’t mean you’re pretty!!

Most residential leases, including the NWMLS’s, include a clause forbidding the tenant from creating a nuisance?  This would include an attractive nuisance.

An attractive nuisance is a danger likely to lure children onto a person’s land. For example, an individual who has a pool on his property has a legal obligation to take reasonable precautions, such as erecting a fence, to prevent foreseeable injury to children.*

In order to enforce this provision, the landlord would need to give the tenant written notice of the violation via a Ten Day Notice.  This would be used, for instance, if a tenant installed a trampoline without permission and without appropriate safeguards.

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

*http://legal-dictionary.thefreedictionary.com/Private+Nuisance

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 obtain the advice of an attorney well versed in these matters.

Did you know... April 21, 2014

“NORMAL” Wear And Tear

PM graphicWashington State landlord tenant law says 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 has indicated that interior paint in a rental property has a life expectancy of two years and carpeting has a life of six years.  Based on this, if a tenant has been in the property for more than two years, routine painting would be considered normal wear and tear.  If the carpeting was new at move in and after three years the carpeting had to be replaced again, the owner could charge the tenant for half the cost of replacement.

This area of rental management can be a challenge as a property owner may feel the tenant created damage while the tenant feels the damage was nothing more than normal wear and tear. As a result, professional property managers often become the referee. Owning investment properties has always been a great way to add wealth to your portfolio. Hiring a licensed and qualified property manager is a great way for you to add a little piece of mind.

We are here to help. Put another way, we are your bright light when the power goes out!

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 obtain the advice of an attorney well versed in these matters.

Did you know... April 14, 2014

Pet or Service Animal

Did you that a service animal is not a pet?  Landlords and homeowners’ associations cannot deny occupancy to someone with a service animal even if the owner or homeowners’ association has a strict “no pets” policy.   A pet deposit cannot be charged nor can “pet rent.”  The tenant is responsible for any damage done by the animal.

The Washington Realtor’s Hotline attorney stated the following on 1/28/14:

“There is no distinction between types of service animals….While state law requires a note from tenant’s doctor, federal law does not. The Fair Housing Law is going to be construed liberally, in favor of tenant. If the tenant claims that the dog is a service animal or produces a letter from the tenant’s doctor indicating that the tenant requires the dog(s) for comfort, landlord will be taking a significant risk to refuse to rent to tenant or to terminate tenant’s lease.”

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 obtain the advice of an attorney well versed in these matters.

Did you know... March 24, 2014

WHO IS RESPONSIBLE?

Even if the lease doesn’t state that the landlord is responsible for maintaining all appliances and fixtures in the rental property, the landlord is!  The Washington State Landlord Tenant Act covers many topics that may not be addressed in the lease.  Maintenance of the property and time lines for repairs are two of those topics.  The landlord may be responsible for maintaining some items even if the lease says that the landlord is not because many items listed in the Landlord Tenant Act cannot be waived.

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 obtain the advice of an attorney well versed in these matters.

Did you know... March 17, 2014

SMOKE DETECTORS – WASHINGTON STATE

Although installation of smoke detection devices is the responsibility of the landlord, maintenance, including the replacement of batteries, is the responsibility of the tenant.  The courts can fine tenants up to $200 for violation of this requirement.  This typically occurs when the tenant removes the smoke alarm or battery. Why would someone do that? And let me ask you this, When you changed your clocks recently did you also change the batteries in your smoke and carbon monoxide detection devices? Why not? 

Did you know... February 24, 2014

HANDYMAN – LICENSED? YES- NO?

A landlord who hires an unlicensed contractor incurs additional potential liability.  If the unlicensed contractor causes property damage or hurts the tenant or the tenant’s personal Profile of an electricianproperty, the landlord may be liable.  An unlicensed contractor and his/her employees become employees of the landlord.  An injured worker could sue the homeowner and may be able to collect worker’s compensation from the homeowner’s insurance.  Many landlord insurance policies exclude claims arising from the use of unlicensed contractors.

Uncle Charlie may be a great guy and will do the work for the “family rate.” Are you sure that saving a few bucks now, is the right thing to do?

Did you know... February 10, 2014

FIRE INSURANCE & THE TENANT