SELLING AN ADU OR IS IT A DUPLEX?

An owner-occupied property with an accessory dwelling unit will 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, a landlord could be required to pay relocation costs for the displaced tenant.

We are here to help you and your clients with all aspects of rental laws. Please contact us for further assistance! Visit www.cbbainrentals.com for details.

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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NOTICE TIME-FRAMES CHANGED – Washington State

Changes were made to the Residential Landlord Tenant Act effective today, 7/29/19. These apply state-wide, for all residential properties – whether the landlord owns one or a thousand, whether single-family, ADU or multifamily, whether professionally managed or owner managed.

A 60-day notice to increase rent will be required unless the rent amount is based on income.  Previously a 30-day notice has been required by state law.

A 14-day notice will be required to evict a tenant for non-payment of rent.  Previously, a landlord could issue a 3-day notice to vacate for non-payment of rent. Judges will be able to consider “equitable factors” such as hardship or illness, when asked to grant an eviction order.

Additional notice time will be required if a landlord gives a notice to vacate due to demolition or other change in use of the rental property.  Landlords are also required to apply payments towards rent first and other charges, such as late fees, legal fees, or utility payments after rent is paid.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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RENT – HOW MUCH – UP or DOWN

HUD calculates average rents each year.  This is done in order to determine payment standards for federal housing assistance programs. In a recent report, HUD reports that Washington has the 16th highest rent in the country out of 56 states and territories. For fiscal year 2019, in the Seattle-Bellevue, metro area (King County) average rent for a studio or efficiency is $1,416 per month and $3,228 per month for a house or an apartment with 4 bedrooms. 

Oregon has the 20th highest rent in the country out of 56 states and territories. Average rents for the Portland-Vancouver-Hillsboro metro area (Yamhill County) are $1,040 for a studio or efficiency and $2,327 per month for a house or an apartment with 4 bedrooms. 

Data by city is available here: https://www.rentdata.org/states/washington/2019

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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WASHINGTON STATE – Rental Regulations

There are multiple regulations regarding rentals in Washington State.  Besides federal and state laws, many local jurisdictions also have regulations.

Many cities have regulations limiting short-term rentals, which are defined as less than 30 days. Local cities with restrictions on short-term rentals include Bellevue, Kirkland, Seattle, and Kent. These often limit the number of short-term rentals an owner can operate as well as the number of days they may be rented per year.

Tacoma, Seattle and Bellingham have rental inspection ordinances. The city of Burien is currently discussing implementing an inspection ordinance. 

Many cities require a business license and/or registration.

Landlords must comply with Fair Housing laws, the Washington State Residential Landlord Tenant Act, plus whatever local ordinances apply.  These laws have changed dramatically in the last few years so constant education is necessary. 

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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OUT WITH THE OLD & IN WITH THE NEW

Washington State law specifies the procedure that must be followed before a landlord can remove or dispose of any personal property a tenant leaves behind.  It is illegal to include a clause in the lease that that waives or shortens this process.  A judge can award a tenant up to $500 per day for every day a tenant is without his/her personal property if a landlord illegally removes a tenant’s property.  If a landlord disposes of the tenant’s property without due process, the landlord could also owe the tenant the stated value of the belongings.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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RENTAL SCAMS – BEWARE!!!

The Federal Trade Commission (FTC) recently published an advisory on how to avoid rental scams.  Scams include hijacking a real rental listing by changing the email address or other contact information and then placing the altered ad on another site. Others gain access to keys in lock boxes, make copies, and pose as legitimate rental agents. Still others may list a property that’s already leased and then try to collect application fees, security deposits, and even the first month’s rent. 

Tips on how to avoid scams include the following:

~Is the rent a lot less than comparable rentals?

~Is the property listed for different prices on different websites?

If there is a sign or flyer in the rental, call the leasing office to make sure the person posing as the owner or leasing agent is legit.

The FTC also recommends:

Never pay with cash, wire transfers or gift cards. If anyone tells you to pay this way, it’s a sure sign of a scam. Wiring money is like sending cash – once you send it, you have no way to get it back.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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MEMORIAL DAY

NEVER FORGET
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WASHINGTON STATE LANDLORD/TENANT LAW TO CHANGE

The Washington legislature made significant changes to the Residential Landlord Tenant Act.  The changes in Senate Bill 5600 go into effect on July 27, 2019 and include:

~A 60-day notice to increase rent will be required unless the rent amount is based on income.  Outside of Seattle and Tacoma, currently a 30-day notice is required to increase rent.

~A 14-day notice will be required to evict a tenant for non-payment of rent. Currently, a landlord can issue a 3-day notice to vacate for non-payment of rent.

~Judges will be able to consider “equitable factors” such as hardship or illness, when asked to grant an eviction order.

Additional notice time will be required if a landlord gives a notice to vacate due to demolition or other change in use of the rental property.  Landlords are also required to apply payments towards rent first and other charges, such as late fees, legal fees, or utility payments after rent is paid.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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AFFORDABLE SQUARE FOOTAGE

“Rent Café” recently did a survey to find out the maximum square footage that can be afforded in various cities, if no more than 30% of the median monthly income was spent on rent.

In Manhattan, Brooklyn, and Boston, this would result in less than 300 square feet of space. In San Francisco, 407 square feet could be afforded and in Seattle, 479 square feet. 

Cities where about 1,000 square feet could be afforded are Gilbert, AZ, Chandler, AZ, Plano, TX, and Henderson, NV, all offering about 1,000 or more square-feet worth of space.

The full article is here: https://www.rentcafe.com/blog/apartmentliving/how-much-space-can-you-rent-on-median-income-in-the-100-largest-u-s-cities/

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

 Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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TENANT NOT FOLLOWING THE LEASE RULES?

If a tenant is not complying with a term of the lease, the tenant can be served with a 10-Day Notice to Comply.  This notice is given to a tenant who is violating a term of the lease, such has having an unauthorized pet on the property. A specific clause of the lease must be referenced in the notice.  It is often difficult to prove a 10-Day violation.  Whether or not rent has been received is (typically) easily documented; whether or not the tenant is maintaining the yard is a matter of opinion.  The property is re-inspected ten days after the notice is served to see if the tenant corrected the violation.  Another violation of the same lease clause later in the term will require a new 10-day notice.

We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!

Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.

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