That anything referred to in a lease as a deposit must be fully refundable. Any monies that are not refundable must be referred to as a non-refundable fee (such as a cleaning fee, pet fee, etc).  If a deposit or fee is charged:

• the rental agreement must be in writing and it must say what each deposit is for and what must be done in order to get the money back,
• a receipt must be given for funds paid,
• a written inspection report must be completed, signed by both parties and a copy given to the tenant, and
• all deposits must be held in a Washington state trust account.

That there are both federal and state laws which protect tenants in the case of a foreclosure?  State law requires the successor owner to give tenants a 60 day notice to vacate after transfer of title.  The federal law requires a 90 day notice to a tenant on a month-to-month lease.  If the new owner of the property wants to personally occupy the rental property, the new owner can give a tenant a 90 day notice to vacate.  In all other instances the terms of the lease remain binding. The federal law is currently scheduled to expire on December 31, 2014; the state law does not have an expiration date.

The lease must be arms length, must be “bona fide” and the rent must not be significantly lower than current market value.

There have been at least three million dollar lawsuits regarding hot tubs in rentals on the astside?  Even if the landlord/listing agent/property manager is found innocent, thousands of dollars can be spent mounting a defense.  Owners with features such as hot tubs, pools, ponds, streams, etc. should be advised to consult an insurance agent and/or attorney regarding adequate liability insurance. 

To meet fair housing  standards, landlords must consistently apply the same screening criteria to all?  The King County Office of Civil Rights explains that landlords must develop a, “consistent and sound screening policy that measures a potential resident’s willingness and
ability to pay rent.”  This policy must include quantifiable, pre-determined criteria, which usually includes the following:

• Credit
• Previous Tenancies (or mortgage history)
• Income to Housing Cost Ratio
• Criminal Background & Identification Checks

Pre-determined criteria –that means in writing – before the listing is marketed!!

That Fair Housing testing can occur at the local, state or federal level?  An undercover investigation conducted by the city of Seattle, through the Office of Civil Rights, found more
than 50% of properties tested showed evidence of illegal housing discrimination.  Testers found that blacks were quoted higher rents than whites and in 36% of properties tested, “inconsistencies that create barriers for people with disabilities” were found.  These included refusing to accommodate service animals and not providing parking areas with spots designated for people with disabilities.  Charges are being filed against six owners who most clearly violated anti-discrimination laws.

http://www.komonews.com/news/local/132295238.html

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 month-to-month rental agreement with all other terms remaining the same.

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 mid-month rent will need to be pro-rated between seller and buyer at closing.  The Purchase and Sale Agreement should address the transfer of these funds and documents.

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 of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.”

However, other federal laws, such as the Fair Housing Act and state statutes, have different provisions – for example, permitting animals other than dogs to be designated as service animals and including emotional support animals.

We still do not have a good answer or RCW outlining what particular types of animals fall into this category, but it is good to hear that they are at least starting to recogonize the issue. Stay tuned for more info.