Co-habi-what ?!?

That marital status is a protected class in Washington State?  Marital status includes being single single, married, separated, engaged, widowed and divorced.  In the City of Seattle and unincorporated King County marital status includes cohabitating.

Good faith efforts may come up short.

That if a tenant breaks a lease the landlord is required to make a good faith effort to re-rent the property?  The courts usually interpret requirement as meaning that the property must be marketed for rent for the same terms – such as rent and deposits – as the vacating tenant had.  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. 

ADU & you!

That an owner-occupied property with an accessory dwelling unit (ADU) may be considered a duplex if sold to an investor who rents both units?   Typically is it easier to get zoning permission for an owner-occupied property with an ADU than for a duplex.  If a rental property is found to be in violation of local codes due to the ADU, a landlord could be required to pay relocation costs for the displaced tenant.

Cold weather tips!

That frozen pipes can occur even in occupied properties?  Here are some tips for prevention:

• Locate the main water shut off before a broken pipe occurs. 
• Disconnect all hoses; if the water freezes in the hose, it can break the spigot. 
• Most new spigots have a shut off valve inside the house or garage; shut off any spigots with this feature.
• Put spigot covers on all outside faucets.
• Make sure that there is some heat on in the house at all times, including when no one is home.
• Keep the garage door closed so any heat will be kept inside.
• If the temperature drops below 20° during the day, let water trickle in all the faucets.
• In periods of extreme cold, leave cupboard doors open under sinks on exterior walls so the heat will get to the pipes.

Deposits & Fees; now I see!

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.

 

“Foreclosure Notices”; what you need to know…

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.

Hot tub may lead to hot water!

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.