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.

That the Washington State Landlord/Tenant Act requires a written move in inspection report, signed by both parties, if a deposit is collected?

* If there’s no written inspection report, the landlord can’t withhold any portion of the deposit, even if the tenant significantly damages the property and owes back rent.
Without a written report, documenting the condition of the property at move in, it is impossible to prove that any damage didn’t pre-date the tenant’s occupancy. The law specifies a written report; photos alone won’t suffice.

That as of July 22, 2011, changes in the Washington State Residential Landlord Tenant Act allow for an out of state landlord who violates the LT Act to be sued in Washington State?
Regardless of such designation, any owner who resides outside the state and who violates a provision of this chapter is deemed to have submitted himself or herself to the jurisdiction of the courts of this state and personal service of any process may be made on the owner outside the state with the same force and effect as personal service within the state.

This means that even though you live in (Hawaii) your tenants can still sue you for violations, and you will need to come back to WA for the court process. Keep this in mind as flights can get pricey, last minute. You may not be able to recoupe your travel costs if you lose.

That 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 for the same rent. 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.

That the Washington State Landlord Tenant Act requires that there be a designated representative within the county where the rental property is located?  A change to the law, effective 7/22/11, strengthens this requirement:

[Regardless of such designation, any owner who resides outside the state and who violates a provision of this chapter is deemed to have submitted himself or herself to the jurisdiction of the courts of this state and personal service of any process may be made on the owner outside the state with the same force and effect as personal service within the state.]

That by state law 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 says that interior paint in a rental 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, 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.

That rent and a mortgage are different? Obviously you did. However, it is easy for investment owners to think that the monthly rent and the monthly mortgage amount are related, but they are not. A mortgage is an agreement with the bank based on the amount of the loan, the buyer’s credit history and the sales value of the property at the time of the loan. None of these are factors when determining rent; rent is entirely driven by local market competition and conditions – basically supply and demand. A mortgage and rent also buy different things – a mortgage pays for an investment, while rent pays for a roof for a specific period of time with none of the financial or tax benefits of home ownership.