Washington Landlord And Tenant Legal Questions

You probably do not have to split a deposit if it was validly assigned to you. Whether he assigned it to you versus agreeing to let you be a single agent for convenience will depend on what the agreement he signed says. As a practical matter, litigation is expensive and time-consuming. You may want to split the deposit with him just to avoid litigation and end any potential dispute before it grows too big, particularly if there has not been an assignment. You may want to have an attorney review the documents signed regarding the deposit. If there were any damages and your deposit were short, would your ex have to contribute his share of the shortfall? If so, then there has probably not been an assignment and he would be entitled to his portion. If he did not have to help you with any shortages, then you would probably be entitled to everything. It depends on the language used in the agreement.... Read More

If you are operating your rental business as an LLC, you must get an attorney. If you try to represent the LLC (or corporation) you will be considered as engaging in the unauthorized practice of law. Using an LLC is common in the rental industry so this is just an assumption being made. If you are simply a husband and wife team, personally managing your rental business, then you and/or your husband can represent yourselves, but your son could not for the same reason you could not represent your own LLC. He would be considered as engaging in the unauthorized practice of law. You will also want to watch for your tenants suing you to make sure they are not doing the same. Is a family member representing them against you? Unless they are attorneys, that would be the unauthorized practice of law as well, and you would want to object to that. Depending upon the claims made, many provisions under the Residential Landlord Tenant Act have attorney's fees provisions as well. If this is a residential issue, you might be able to recover your fees and costs if you prevail, which means it may be worthwhile consulting with an attorney and hiring one to assist you. If this is a commercial tenancy, your contract may also contact a fee recovery provision, which would also mean you may want to consider hiring an attorney to assist you. If this is in small claims court, attorneys are typically not allowed, but you may want to consult with an attorney and spend some money to help you prepare your case as best as possible.... Read More

I don't think it is an illegal invasion of your privacy. However, it may be a breach of the covenant of quiet enjoyment. You are entitled to the peaceful and quiet use of the premises you are renting. If the interference is bad enough that you must move out, you could have a claim for construction eviction. Such a claim usually requires that you actually move out first, though. I would talk to your landlord about the issue first, see if quiet times are being observed. If not, I would contact a local attorney for further assistance.... Read More

If the other tenant was given a notice but you were not, then any attempts by your landlord to evict you should be ineffective. The Washington Residential Landlord Tenant Act is specific on service of notices to terminate a tenancy, and all tenants must be given a notice. For example, a landlord must give a copy to a husband and wife, not just one. In your case, you each have distinct rental agreements as well, so that would also require that you receive your own notice if there was any attempt to evict you as well. You can also always call you landlord to confirm that you are not being asked to vacate.... Read More

Whether you are in violation of your lease or not depends upon what it says about guests. Typically, a lease will provide that guests are welcome for a certain period of time before they will be considered unauthorized tenants. There is a usually a range from 5 days to 2 weeks. If your lease does not say anything at all about the time, then it would be treated as a reasonable time. Your landlord cannot stop you from having guests, but the landlord can make sure you are not subletting or moving extra people in as unauthorized tenants. If the landlord thinks your daughter is moving in as an unauthorized tenant, the next step would be to give you a 10-day notice to comply or vacate. Your daughter would be out before the 10-day notice expired, so problem solved. If the landlord tried to push it and evict you over it, it shouldn't be too difficult to prove your daughter did not move in with you. She can provide her own lease, or copies of current utility bills in her own name as proof she lives elsewhere. Your landlord shouldn't be harassing you about this, but if you give written notice that she is only staying to watch the pets for a few days and affirm she does not live there, then you at least have documentation you tried to be reasonable with the landlord about the situation. Then you can leave it to the regular process and deal with the 10-day notice, etc. Before heading out, you may want to consult with a local landlord tenant attorney and maybe have them help you craft a letter to your landlord about the situation. Disclaimer: This answer is general in nature and is not intended to be legal advice. Accordingly, you should not act or rely on any information in this answer without seeking the advice of an attorney licensed to practice law in your jurisdiction. This answer does not, and is not intended to, create an attorney-client relationship between you and the answer.... Read More

That clause about remedies would be a defense to you trying to sue. You could get your earnest money back and any expenses that are permitted by the agreement, but that would be all. The Form 17, however, could provide you with a separate avenue. Form 17's are for disclosure only, and by statute, are not part of the purchase and sale agreement. So, if there is a misrepresentation on it, you might be able to seek recourse based on the false disclosure. At that point, the question would be why the sellers don't have the right to sell. It would help to know the nature of defect in title. Sometimes you might be able to correct it without suit and avoid expensive litigation. I would recommend that you contact a local attorney to review your situation thoroughly with you. The foregoing is offered as general information only, and does not constitute legal advice. Please be advised you should consult a lawyer for advice specific to your situation.The foregoing should not be construed to establish an attorney client relationship.... Read More

If your power of attorney allows for the attorney-in-fact to have that authority, you could do it. You would need to see if the power is effective upon the power of attorney being executed, or if it springs into effect later upon a determination of disability. If effective right away, I think it would be a good idea to get some kind written letter or statement from your brother that he is okay with being taken off title. What is the reason for removing him? If you plan to sell, you might be able to use the power of attorney to sign for him to complete the sale, and you will also need to safeguard his share of any profits. If you want him off just because he is in jail, that may cause some problems. Your husband owes your brother certain fiduciary duties as attorney-in-fact. He was given this authority to act on behalf your brother when your brother is unable to act for himself. Your husband is not to act in his own interest, or in yours. If he uses the power of attorney to remove your brother from title for no reason other than you want him off because he is in jail, that may be a breach of fiduciary duties for which you could be liable. You cannot abuse the power of attorney.... Read More

The lease will definitely determine liability. Recent court cases have determined that a tenant is considered an additional insured on a landlord's insurance policy and covered by it unless the lease provides otherwise. The rationale is that premiums were included as part of the rent. However, if the lease specifically says that the landlord's insurance does not cover the tenant, then the tenant may be liable to the insurance company for subrogation purposes. If the tenant, or guest, caused the fire, as you describe here, that may also raise additional liability and coverage issues. This might not be covered by an insurance policy, leaving you liable for the damages caused. If you have renters insurance, that may help.... Read More

A 10-day notice is not an eviction, but it is the beginning of one possibly. Before a landlord can evict, the Washington Landlord Tenant Act requires that certain notices be given to a tenant before the case can be brought to court. Those notices include a 3-day pay rent or vacate notice, the 10-day notice to comply, a 3-day notice to vacate for waste, nuisance or drug activity, and a 20-day notice to terminate tenancy. Some cities like Seattle also have just cause eviction ordinances that impose additional requirements. These notices must be given to you a very specific way as well. Every tenant must get a copy either personally, or by giving it to a resident and mailed, or by posting and mailing. If the tenant does not pay, vacate, or comply, then an eviction suit may proceed. Without complying with this initial notice process, however, any suit brought will be defective. If you have issues regarding maintenance, the Landlord Tenant Act requires that you provide written notice of the need for repairs or maintenance, and once given to the landlord in the same manner as rent is paid, which means delivery to a drop box, mailing to the landlord, or personally handing it to the landlord, there are certain time limits wherein the landlord must act. If not, so long as rent is current, there are certain remedies you may take advantage of. This also has the practical effect of preventing a landlord from making claims of harassment. The landlord would have to prove the harassment and assault, but only by a preponderance of the evidence, not beyond a reasonable doubt. Evictions are not criminal. Also, in Washington, assault does not necessarily mean that you physically touched another person either. If you put them in fear of physical harm, that can also be an assault if the fear was reasonable. A police report might help, but it would not be necessary if there are other witnesses.... Read More

What is causing the moisture damage? ?If the windows are not properly sealed, that is a defect not caused by you so is the landlord's responsibility. ?But if the damage is caused by your excessively heating the rooms so condensation occurs from the interaction of the overly hot rooms with the cold [from the outside temperature] glass, then that might be your fault. ?You do not supply enough information for us to be able to answer your question.... Read More

I would say that you would be entitled to enforce the original contract. Contract depends upon offer, acceptance and consideration. If you paid rent according to the terms, and there was otherwise mutual assent expressed by the parties, then you have a contract. Just because a management company comes in doesn't change anything if you don't agree to it. You should take the agreement to a local attorney for review and see about making sure your rights are protected here.... Read More

Your lease/rental agreement is between you and your landlord, and no other parties. If you have other roommates living there, they could be considered unauthorized tenants. They are not parties to the agreement because you let them in without the landlord's knowledge or consent. This is typically a lease/rental agreement violation. Your landlord could evict you for this. They will need to give you a 10-day notice first to comply with the lease and either remove them or prove they do not live with you. It sounds like they do (roommates) so they will either need to go, you all leave, or you discuss with your landlord how to add them to the lease. This may require your roommates to submit applications and fees for your landlord to screen them, and your rent may go up. More people in a place generally means more wear and tear and utility use. If you have already been served with a notice, you should consult with an attorney right away.... Read More

Unfortunately no. 20-days is the statutory minimum amount of notice. It must be 20-days before the end of a given rental period. If your rental period runs from the 1st to the 30th, (or 31st), then you must give notice by at least the 9th (or 10th). If not, you will be liable for the next month's rent. You might contact your landlord and discuss the situation, however. You might be able to work something out.... Read More

Whether a guest becomes an unauthorized tenant is a question that often depends upon what the lease terms provide. Many lease agreements state that any guests staying longer than a 2 week period may be considered unauthorized tenants. Others have longer or shorter time periods. If they have stayed for longer than a month, you might ask the tenant to have their guest prove they do not live there by providing current utility bills for their residence. If they cannot, then they are likely trying to live with your tenant and violating the lease. The response would then be to serve a 10-day notice to comply with the lease terms or vacate. You should consult with an attorney to make sure that you have the facts down, and get the notice properly served.... Read More

You will only be able to remove the judgment lien by paying it at this point unless the judgment lien is less than a year old. If so, you might be able to get back to court under certain conditions. You should discuss with an attorney to see if this would be a possibility for you. Otherwise you will have to pay for the lien out of the sale proceeds or from your own pocket.... Read More

If a tenant is deported back to their home country, you probably do not have recourse unless you want to try to litigate the issue in their home country. As a practical matter, this is not likely and very expensive. If they come back, and assuming the applicable statute of limitations has not expired, you might have recourse available, but again, as a practical matter, not very likely. The tenant is liable for the damages, and deportation does not release them from the lease, but there is probably very little you can do about it.... Read More

You are co-owners, not co-tenants/renters. You would have to check with a local attorney as to what the court's time schedule is, since that varies from county to county, even within the same state. You can also get an estimate of how much it would cost, depending on whether it is opposed or not. If the resident owner needs a year to pay fully, they will obviously delay the matter for a year plus however much more time they need to pay their attorney's fee. The suit will cost around $10,000 and you probably would not collect your attorney's fees from the other side. Offhand, it is probably better to agree on a price now and the terms for an installment payment. Remember that the other owner is basically avoiding paying rent while you wait for the payment to be finished.... Read More