Washington Landlord-Tenant Law 101 – Rights of All Tenants - 02/19/08 04:17 PM
Washington Landlord-Tenant Law 101 - Rights of All Tenants
I've recently received a lot of questions regarding the general rights of all tenants.  I think it is important to remind landlords or potential landlords, that the following rights are held by all tenants, regardless of whether or not they are covered by the Residential Landlord Tenant Act.  These rights are:
1.       Protection from unlawful discrimination.
2.      Right to a habitable dwelling.
3.      Protection against lockouts and seizure of personal property by the landlord.
4.      Right to hold the landlord liable for damage caused by the landlord's negligence.
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This blog is made available for educational purposes only as … (4 comments)

Washington Landlord-Tenant Law 101 – Nonrefundable Fees - 02/19/08 04:07 PM
As promised here is a short primer on nonrefundable fees.
Nonrefundable fees will not be returned to the tenant under any circumstances.  In order for a landlord to charge any nonrefundable fees, the rental agreement must be in writing and specifically state that the fees will not be returned.   A landlord cannot legally refer to a nonrefundable fee as a "deposit."
Three of the more common nonrefundable fees include:
Holding Fee - A holding fee can be collected by a landlord after a unit is offered to the tenant, and before the tenant actually takes possession.  If the tenant does take possession of the … (5 comments)

Washington Landlord-Tenant Law 101 – Refundable Deposits - 02/07/08 03:26 PM
At the beginning of the lease period it is not unusual for certain feeds and deposits to be taken.  While I will attempt to discuss nonrefundable fees in another post, I would like to take this opportunity to review refundable deposits and some of the more common requirements and formalities that must accompany them.
The term "deposit" can only be applied to money which can be refunded to the tenant.  Typical types include the ever popular damage deposit and/or security deposit.  In cases in which a deposit is charged the following requirements and formalities must be observed:
The rental agreement must be in … (1 comments)

Are you a Keeper? (February Baseball Contest) - 02/06/08 11:30 AM
I opened the email and could barely believe my eyes... "Hey guys!  Pitchers and catchers are about to report which means we need to start thinking about who we want to man our fantasy teams."
Is it really that time already?  I could feel the anticipation mount.  Which quickly turned to fear as I read the next few line:  "It's a keeper league, so I'll send out an email with a pdf of the players that each manager owned at the end of last year.  You get to keep 3 players.  The draft will be held on March 16th."
What? Less than 6 weeks until the … (4 comments)

Washington Landlord-Tenant Law 101 - Illegal Provisions in Rental Agreements - 02/05/08 08:55 AM
Not all provisions contained in standard rental agreements are necessarily legal.  Here are my top 5 illegal provisions that are slipped into rental agreements:
Provisions that do not allow tenants to go to court to defend themselves against a landlord.Any provisions giving the landlord the right to self-eviction.Any provisions that allow the landlord to take property from the tenant if the tenant falls behind on their rental payments.A provision that requires the tenant to pay for all damage to the rental unit, regardless of who caused it.A provision that requires a tenant to waive any portion of the Residential Landlord Tenant Act.  … (1 comments)

Washington Landlord-Tenant Law 101 – Lease Formalities - 02/03/08 03:31 PM
There are three simple formalities that everyone needs to remember when drafting a lease.
These three formalities can best be remembered by utilized the acronym: W-A-R
Writing - A lease must be in writing if the term of the lease is for more than 1 year.  If no writing exists it will become a month-to-month tenancy if the tenant takes possession and pays rent.  This requirement is caused by the Statute of Frauds which states any contract must be in writing that cannot be performed within one year.
Acknowledgment - A lease must be acknowledged if it is for more than one year.  That … (1 comments)

Washington Landlord-Tenant Law 101 – Types of Leases - 02/03/08 01:29 PM
Three different estates can be owned by tenants:
Fixed Term LeasePeriodic TenancyAt WillA fixed term lease is an estate that continues for a fixed period of time and arises by agreement.  In addition a fixed term lease ends automatically.
A periodic tenancy is a tenancy that continues from year to year or successive fractions of a year.  In order for a periodic estate to terminate notice must be given.  In the case of a residential property this notice must be given 20 days prior to the termination date selected, and the termination date selected must be the end of a regular lease period … (0 comments)

Contractors liable for Negligence in Construction? - 02/01/08 04:09 PM
The above statement is one step closer to becoming true, now that the Washington State Senate has passed SSB 6385 by a vote of 27-20.
Although current owners sometimes have other options available to them such as third-party warranties, the legislature is working to ensure that contractors would be required to exercise reasonable care during construction, a duty which would no longer be able to be waived.
In order to stay up to date on the bill and its progress go to:  http://apps.leg.wa.gov/billinfo/summary.aspx?bill=6385
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Jonathan Sprouffske

Olympia, WA

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Connolly Tacon & Meserve

Address: 201 5th Avenue SW, Suite 301, Olympia, WA, 98501

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