Landlord-tenant and eviction law has been completely overhauled. New laws at every level impact the rights of landlords and tenants and the eviction process. Most of the changes are permanent.
Washington state law guarantees tenants the right to free legal counsel and requires just cause to terminate any residential tenancy.
Residential landlords may no longer evict based on a "20-day" notice. To end the tenancy because the lease expired requires a notice served at least 60 days prior to the end of the lease term, and is not always an option. If all authorized tenants vacate, residential landlords must offer other occupants (even if unauthorized) who have been living in the property for at least six months a chance to apply to join the rental agreement.
There is a litany of new local landlord-tenant and eviction laws throughout Washington. In both Tacoma and Seattle, residential landlords have to contend with a winter eviction ban and a school-year eviction ban. Laws in many localities require additional language on notices and/or additional documents to be served with notices. A landlord must comply with local laws at the city and county levels and with court rules in each county. Interpretation of state and federal laws varies in fundamental ways from county to county.
Local know-how is more important than ever when considering a landlord-tenant attorney.
This website is published by an eviction lawyer who practices in various Washington counties. There is also a lawyer directory where you may find an attorney near you in counties we do not cover. We are not affiliated with any of the attorneys in the directory nor do we accept anything of value for listings in the directory.
Any information on this website, including but not limited to any forms posted, is not a substitute for legal advice. It is always best to consult with a lawyer before taking any action.
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Landlord Liability for Criminal Acts of Third Parties
Landlord’s Liability for Criminal Acts of Third Parties In general a person has a duty to protect others for criminal acts of third persons absent a special relationship. Special relationships may exist for innkeepers and common carriers.[1] At common law no such special relationship between landlord and tenant and the landlord had no duty to […]
Continue readingProtecting Tenants at Foreclosure Act of 2009
A new federal law protects innocent tenants from eviction after foreclosure.[1] The purchaser at foreclosure takes the property subject to any unexpired lease. The law also requires the foreclosure auction purchaser to give notice to vacate to any month-to-month tenant. The notice must be served at least ninety days prior to its effective date. The […]
Continue readingPurchaser in Possession
In most jurisdictions a purchaser who takes possession under a real estate purchase agreement is not a tenant.[1] The Uniform Landlord-Tenant Act excludes “occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his […]
Continue readingSelf-help Eviction
At common law a landlord could use reasonable force to oust a defaulting tenant.[1] Landlord-tenant law today varies greatly on the right of the landlord to self-help evict a tenant.
Continue readingThe Implied Warranty in Commercial Leases
The is a split among jurisdictions as to whether implied warranties apply to commercial tenancies.
Continue readingTenancy at Sufferance
A tenancy at sufferance as it is defined in most jurisdiction arises in narrow circumstances and is “as illusory as the rings of Saturn viewed edge-on”.[1] The tenancy at sufferance arises when a tenant under one of the other types of tenancy wrongfully holds over. The definition varies by statute in some jurisdictions.[2]
Continue readingTenancy at Will
A tenancy at will is terminable by either party or upon the death of either party. No particular formal notice to terminate is required. However, some courts have required the landowner to demand possession and allow a reasonable time for the occupant to vacate. If a lease is terminable at the will of only […]
Continue readingTypes of Tenancies
Tenancies are generally created by agreement of a landowner and a tenant. There are generally at least four distinct types of tenancies.
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