Search for: "Seattle Landlord Tenant Attorney
Scott Eller"
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10 Nov, 2008 4:31 am
The US Supreme Court recently rendered an important decision on the right to bear arms under the US constitution. The decision applies to government action, not private relationships
such as landlord and tenant. The Michigan Court of Appeals has ruled that a public housing
landlord may enforce a lease provision prohibiting tenants from possessing firearms by [...]
14 Sep, 2008 6:40 pm
In general under Washington law a tenant that creates a nuisance or commits waste may is subject to eviction for failure to comply with a three
day notice to vacate. There is noo opportunity to cure. RCW 59.12.030. However, in a residential tenancy some tenant behavior that may
constitute a nuisance may require 30 days [...]
2 Feb, 2008 8:09 am
... or reasonable costs whichever is less of drayage and storage of the property. If the property has a cumulative value of fifty dollars or less, the landlord may sell or dispose, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice ... for a period of one
year. This quick summary is no substitute for legal advice. As always, you should consult with an attorney with any questions about your
circumstances. Scott Eller Washington Landlord-Tenant Attorney TM
1 Sep, 2007 8:21 am
... Seattle a residential tenant may only be evicted for "just cause". The just causes are enumerated
in a city ordinance. A landlord may evict a tenant in a residential tenancy in Seattle for only those causes enumerated. A month-to-month tenant is essentially a tenant in perpetuity ... tenancy by tender and acceptance of rent beyond the lease term or other action indicative of a mutual intent to continue the tenancy
beyond the expiration of the lease. Scott Eller Washington Landlord-Tenant Attorney TM
9 Oct, 2007 7:33 am
... payment as well as any accompanying letters, memos, etc. If the "for" section of the check states the money is for the current month's rent, the landlord has waived the right to evict for any previous breaches, including non-payment of previous months' rent. 2. Provide written ... the lease, the
tenant stays. As a practical matter, few property owners in this situation will find it worthwhile to pursue the paper victory. And bygones
will be bygone. Scott Eller Washington Landlord-Tenant Attorney TM
16 Mar, 2008 10:15 pm
... was obligated to store the tenant's personal property under the terms of the previous statute. This required storage for 45 days even if
the tenant did not request it and was not present when the physical eviction took place. The decision only applied to counties under the ... ,
and dispose of any items not sold. Although the statute is silent, the landlord should make reasonable efforts to promote the sale. This should
include classified ads and/or craigslist ads, for example. Scott Eller TM
15 Jun, 2008 7:00 pm
Important Changes in 2008 The Washington Court of Appeals Division III held in a 2007 decision that the Residential Landlord-Tenant Act required the landlord to store the tenant's belongings when the
tenant is evicted. <!-[if !supportFootnotes]->[1]<!-[endif]-> A new law has significantly changed the procedures and the
landlord's obligations. Tenant Must Request StorageUnder the new law the tenant must [...]
31 Aug, 2008 4:13 am
A new law went into effect in June that amended a section of the Residential Landlord-Tenant Act that
allows the tenant to pay rent into the registry of the court to avoid eviction. This has caused confusion among landlords as some
apparently believe that this new law allows landlords to accept rent without forfeiting the right [...]
24 Jun 8:04 pm
Abandonment must be clear and unequivocal.[1] The tenant need not expressly state an intention to abandon. Such an intention may be implied by
law.[2] "This inference may be drawn from anything which amounts to an agreement on the part of the tenant to abandon."[3] The Residential
Landlord-Tenant Act abolishes the common law right to distress for [...]
10 Apr 12:55 pm
Washington has adopted the Connecticut rule which requires landlords to keep common areas in a safe condition regardless whether or not the hazard is naturally occurring. [1] The
landlord is not the guarantor of tenants' safety, however, and therefore a tenant will be
required to show the landlord had actual or constructive knowledge of [...]
3 Mar 10:46 am
A bill that would have limited landlord access to complete and accurate tenant screening information
on prospective tenants recently died in committee. I understand from an official with the Rental Housing Association of Puget Sound that information and arguments in my article
was used in committee testimony against the bill. See article Filtered Screening. Subscribe to [...]
9 Nov, 2008 6:44 pm
A landlord has a duty to mitigate damages when a tenant abandons the tenancy or is evicted. Crown
Plaza v. Synapse Software, 87 Wn. App. 495 (1997); Exeter Co. v. Samuel Martin, Ltd., 5 Wn.2d 244, 249, 105 P.2d 83 (1940); RCW 59.18.310. Because of the duty to mitigate damages courts
in unlawful detainer cases generally [...]
1 Apr, 2008 8:14 am
Washington law provides landlords with civil immunity for the criminal conduct of ex-offenders if the landlord discloses to other
residents that the landlord rents or has a policy of renting to offenders and the landlord takes
steps to report or halt criminal activity if the landlord has actual knowledge of criminal activity. The immunity provision is [...]
21 Apr 7:16 am
A tenant at will is not defined by statute in Washington. A tenancy at will is of indefinite duration, terminable at the will of either party
without advance notice, and does not survive the death of either party. Unlawful detainer was not a cause of action at common law (i.e. before such a statute [...]
7 May 1:32 pm
In a recent unpublished opinion Division III of the Washington Court of Appeals held that despite the acceptance of rent the occupants of certain rental property were merely
tenants at sufferance and subject to eviction via an unlawful detainer action.[1] The defendants purchased a mobile home located in a mobile home park and began paying the [...]
27 Oct, 2008 6:05 pm
Lien rights. Public utilities in Washington have lien rights against property for unpaid utilities. RCW 35.21.290 (water, electric), 35.67.200 (sewer), 36.36.045 (fees imposed for the
withdrawal of subterranean water or on-site sewage disposal), 36.94.150 (connection charges). Private utilities do not have lien rights. That is why escrow agents at the closing of a
real property transaction [...]
4 Feb, 2007 5:33 pm
... & Lockhart Preston Gates Ellis publishes the Electronic Discovery Law blog. Attorney D. Jill Pugh publishes the Employment Law Blog.
Stefani Quane publishes the ... . Partner Bill Marler publishes the Marler Blog. Scott Eller
publishes the landlord-oriented Seattle Landlord-Tenant Attorney blog. Seattle University law student Michael Rice publishes ... - and I think he is - we can look forward to many other blogs from Seattle area lawyers. Starting today, I've added links to these blogs to STL's ...
27 Aug, 2007 11:28 am
... he has overpaid for utilities and is entitled to a setoff. Ambiguities in leases will be construed against the landlord. Leases are
contracts as well as conveyances, and the rules of construction which apply to contracts also ... Care Center, 66 Wn. App. 178, 831 P.2d 1085 (1992), Seattle-First Nat'l Bank v. Westlake Park Assocs., 42 Wn. ... still, simply line out the word "except" and everything following it and have the
tenant initial the change. Scott Eller Washington
Landlord-Tenant Attorney TM
25 Sep, 2007 8:53 am
... holds, for example, that an employee who is provided housing as part of the compensation for work and who pays no rent is a tenant at will.
Probably also included are situations in which a friend or relative is allowed to live free of rent in a property or ... periodic tenancy or denominated rental amount or ownership
interest". The bill excludes agricultural workers. As always, for advice about your particular circumstances contact an attorney.
Scott Eller Washington Landlord-Tenant Attorney TM
9 Oct, 2007 7:42 am
There are three methods to serve eviction notices authorized by statute . One is personal service - i.e. hand delivery to the tenant. Another
is substitute service. This requires personal delivery to a person of suitable age and discretion and mailing to each tenant. The third is ...
(which to be clear is required with substitute service or posting). Nevertheless, the advantage is that people lie in court every day, whereas doors very rarely do. Scott Eller Washington Landlord-Tenant Attorney TM
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