Seattle Landlord Attorney

Best Practices for Landlords: Late Rent Notices

2006-03-23T12:12:00.000-08:00

Seattle’s Just Cause Eviction statute (SMC 22.206.160(C)) permits eviction of a tenant for habitual late payment of rent. The code also allows a landlord to terminate a month-to-month tenancy where there is a pattern of late payments. In order to meet the elements of the code, a landlord must give written notice of late rent at least four times in the prior twelve months. A paper trial of late payments bolsters an eviction for nonpayment of rent, and could rescue an eviction where the tenant pays all rent owed into the court registry.

A clear written notice can also help to prompt inadvertent late payments from continuing, by acting as a gentle “wake-up call.” It is a good intermediate step between ignoring the problem and issuing a formal three-day pay or vacate notice, which can sour the relationship between the landlord and tenant.

In light of the benefits of a clear paper trail of late rent notices, it is a good idea for landlords to develop a form notice to tenants notifying them of late rent. The notice should remind the tenant that their rent is late, warn of any late fees that may accrue, and have a space for the tenant’s name and unit to be filled in, with the date of the notice. There is no requirement that the notice be served like a three-day notice, so it can be slipped under the tenant’s door, or mailed to the tenant. The landlord should keep a copy of the notice in the tenant’s file.

As many Seattle landlords are aware, it is difficult to terminate a month-to-month tenancy where the tenant pays rent in response to a three-day notice to pay or vacate. Creating a paper trial of documented late payments makes it easier to give such tenants the boot, whether through eviction or termination of a month-to-month tenancy.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Coming Soon To A Desktop Near You!

2006-02-13T15:06:00.000-08:00

Washington is almost ready to launch free online searches of court records! By March, the system should be fully operational, allowing the public to perform name searches of suits filed and judgments entered. Currently, King County allows the public to find out if a person has been evicted, convicted of a felony, sued, or had a judgment entered against them. Soon, we will be able to this for every county in one search on the Washington Courts Website!

This will allow landlords to determine if a prospective tenant has been evicted in the past, convicted of a felony, or had judgment entered against them. This will become a valuable tool for selecting the right tenant, and avoiding legal fees and eviction costs.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Collecting Non-Refundable Fees

2005-11-22T10:29:00.000-08:00

This is one issue I see frequently in my practice - landlords collect non-refundable fees without following the statutory requirements, and then get burned. Under Washington law, in order to collect and keep a non-refundable fee, the landlord MUST:
-have a written lease
-the lease must clearly state that the fee is non-refundable
-the non-refundable fee must not be called a "deposit"
-the tenant must be provided a written receipt for the fee

If you fail to follow these requirements, and keep the fee as non-refundable, you may be facing a lawsuit by the tenant, and you will likely lose on this issue.

While Washington's landlord-tenant act is clearly written, sometimes landlords forget to include necessary information in their leases and notices. Lease forms from stationary stores and the internet are often not written with Washington's laws in mind, and can miss important requirements. This is why hiring an attorney to review your leases is cost-effective and can save you trouble and time later.

For more information about non-refundable fees, please read the statute itself at RCW 59.18.285. Additionally, the Rental Housing Association of Puget Sound (of which I am an associate member) provides its members with Washington-specific forms and leases, and is an excellent resource for NW Washington's landlords.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

DONATION FOR KATRINA VICTIMS

2005-10-18T14:26:00.000-07:00

As posted earlier, I have donated 10% of fees collected during September to the American Red Cross, directed to aid the victims of Hurricane Katrina. The process was easy, and they provide you with a receipt for your tax deduction. Please, check out www.redcross.org today!

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

FREE FORM NOTICES

2005-09-21T14:44:00.000-07:00

Landlords can now receive FREE 3-day notice, 20- day notice and 10-day notice forms, with instructions on serving and declarations of service by emailing Michelle at farrislaw@michellefarris.com! Please include your name, address and email, as well as the type of form you'd like.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

DONATIONS FOR KATRINA REFUGEES

2005-09-02T00:32:00.000-07:00

In light of the catastrophic events caused by Hurricane Katrina in the southern United States, the Law Office of Michelle Geri Farris will be donating 10% of all fees earned in September 2005 to the American Red Cross Hurricane Assistance Fund. For more information about the fund, or to make a donation of your own, visit www.redcross.org.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Fees and Costs for Evictions

2005-08-24T13:33:00.000-07:00

The Law Office of Michelle Geri Farris charges flat fees for most residential unlawful detainer proceedings, as follows:

Default Judgment
$400.00 (total)
Show Cause Hearing or Negotiated Settlement:
$600.00 (total)
Trial
$600.00 plus hourly fee of $185 for work beyond Show Cause Hearing

Costs for an eviction depend on the circumstances, and can vary widely; however, the costs in King County are typically as follows:

Service of Complaint
$45.00-$75.00
Filing Complaint
$45.00
Show Cause Filing (in addition to the $45.00)
$112.00
Service of Show Cause Order by Certified Mail, Return Receipt Requested
$5-$15
Certified Copies of Writ of Restitution
$25.00 (approx)
Sheriff’s service of Writ of Restitution
$60.00-100.00
Parking at courthouse
$7.00-11.00 per trip

Reasonable costs and attorney’s fees can be added to the judgment if the landlord prevails.

COLLECTION OF JUDGMENTS
The Law Office of Michelle Geri Farris assists judgment creditors in collecting on their judgments. There are several options, including placing liens on the debtor’s real property, foreclosing real property, garnishing wages and garnishing bank accounts.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

FREE TENANT SCREENING!!

2005-08-10T20:16:00.000-07:00

Washington Courts' website has an excellent new feature that lets you search state-wide records for criminal charges, previous (filed) evictions, collections, and lawsuits of all manners. This is one free and easy way to see if your prospective tenant has criminal convictions, or if she has been evicted before, or if she's being hounded by creditors. Very Useful tool!!!

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Attorney General Articles

2005-08-04T16:58:00.000-07:00

The Washington Attorney General has a great page full of information about Washington's Residential Landlord Tenant Act: http://www.atg.wa.gov/consumer/lt/. Definitely worth a peek!!

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

The BEST $3.00 You'll Ever Spend

2005-08-03T23:22:00.000-07:00

The best $3.00 a landlord or property manager will ever spend is the purchase of a carbon-copy receipt book. Washington's RLTA requires that landlords give tenants a written receipt for all deposits and fees collected. So get a few receipt books and keep them in your office, and your folder or wherever you'll always have it with you when collecting money. If you collect a processing fee for the application, give a receipt! It's just good business, it makes accounting easier, and it covers your backside.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Renting With Pets

2005-07-27T02:04:00.000-07:00

As real estate prices continue to climb, more and more King County residents are renting homes, condos and apartments. This means that many dog owners (okay, cat owners, too) are faced with the problem of finding a pet-friendly rental unit.

Washington’s Residential Landlord-Tenant Law establishes the ground rules for landlords and tenants. Landlords have the right to establish reasonable rules and regulations, including restrictions on pets, pet size, and breed. However, the tenant must be informed of such rules at the lease signing, and if the rules are created after the tenant has moved in, the landlord must give 30 days’ notice, and the rule doesn’t become enforceable against the tenant until the term of the rental agreement expires, or sooner upon mutual agreement of landlord and tenant.

Landlords can collect non-refundable pet “deposits,” but it can’t be called a “deposit,” and the lease agreement must specifically state that the fee is non-refundable.

Before a landlord can collect (or keep) a damage deposit, the landlord and tenant must sign a checklist that describes the condition of the rental unit, and the lease must state the reasons for which the deposit can be kept by the landlord. Under Washington law, the landlord cannot keep any part of the deposit to cover reasonable wear and tear of the unit. For this reason, it is wise for both parties to make sure that the checklist is accurate, and to take photos of the unit before moving in.

Tenants have a duty to keep the unit reasonably clean, and to properly dispose of pet waste. If Fido breaks out with fleas, the tenant has a duty to exterminate the problem—not the landlord. Washington law also requires that tenants not cause nuisances to others in the area, or endanger other tenants. Therefore, if Fluffy is a barker, the tenant has to try to keep her quiet, and if FiFi bites, make sure he doesn’t bite the old lady upstairs!

And yes, the picture above is of my dogs/legal assistants, Sasha and Joey. They are well behaved, and we waited until we OWNED to get them. They like nothing more than to go to court with me and wait in the car (on cool days only, though).

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Tenant's Point of View

2005-07-21T10:01:00.000-07:00

Great resources exist on the web for tenants, and landlords can often gain valuable information from these tenant-oriented websites and articles.

For example, the Fremont Public Association has a useful timeline for the typical eviction process. Washington Law Help has excellent articles on the evictions process, and are definitely worth read. The Tenants Union of Washington State has a website with links to articles about eviction, repairs, and current news regarding landlord/tenant law and issues.

As always, the Washington Residential Landlord Tenant Act ("RLTA") is the best resource for landlords, and it can be accessed for free on the web! I have printed out a copy, and keep it in a small binder on my desk for easy and quick reference. I look at it at least once a day.

Seattle has additional laws that add to the RLTA, and the Seattle Municipal Code can be found on the web as well, although it is not as user-friendly as the RLTA.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

What is a Show Cause Hearing?

2005-07-12T15:28:00.000-07:00

If your tenant responds to the complaint and summons, you need to schedule a show cause hearing. The purpose of the hearing is for the tenant to explain to the court why they were justified in not paying rent, or not complying with the notice (...To stop waste, nuisance, breaching the lease, etc).

Once you have filed a complaint and summons and paid the full filing fee, you can get an order from the court ordering the tenant to show up on a date usually two weeks in the future. If the tenant doesn't show up, you get a default judgment and writ of restitution. If the tenant shows up, the court will hold a short hearing on the merits of the eviction.

The landlord needs to testify about the service of the notice and the failure of the tenant to comply with the notice demands. The tenant will likely complain about the landlord, and the condition of the rental unit. In most cases, the court issues the writ of restitution, but sometimes will reduce the judgment to reflect the "reasonable" rental rate of a unit in bad condition.

If the tenant raises a sufficient defense to convince the court that there are issues of fact that need to be tried, the court will set the eviction for trial within 30 days.

In King County Superior Court (downtown courthouse on James and 3rd), show cause hearings are held in the Ex Parte Department on the third floor, room W-325.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Serving a Three-Day Notice to Pay or Vacate

2005-07-05T23:40:00.000-07:00

The first step in evicting a tenant is also the most important: serving a three-day (or ten day or twenty day, depending on the reason for the eviction) notice. The court will only have the power to issue a judgment and writ of restitution (ordering the Sheriff to evict the tenant) if the service of the initial notice is PERFECT. Any mistakes in this step will likely result in the judge dismissing the eviction, and you must start over from the beginning.

THREE WAYS TO SERVE THE INITIAL NOTICE (RCW 59.12.040):
1. "Personal Service." This means that you (or someone over the age of 18) personally hands the notice to the tenant, or an adult who actually lives in the apartment. This means face to face: you can smell their breath.

2. "Conspicuously Posting & Mailing." If the tenants aren't home, you can post the notice conspicuously on the door- thumbtack it or tape it securely. Take a photo of the notice on the door (just in case). In order to complete service, you must deposit a copy of the notice in the mail to the tenant's address. Certified, return receipt requested is advised-- that way, you have proof of mailing. You should also send a copy by regular mail, and many people avoid the postman when they are in financial straits. When notice is posted and mailed, you have to add one day to the term of the notice before filing suit for unlawful detainer. DO NOT SLIP THE NOTICE UNDER THE DOOR OR IN THE MAIL SLOT, AS THIS DOES NOT QUALIFY AS CONSPICUOUS POSTING.

3. Subtenants. For subtenants, you must follow the instructions above for posting and mailing, and also personally serve the subtenant with a notice (see instructions for personal service).

ONCE YOU HAVE SERVED, you will need to completed a sworn declaration of service. This will be filed with the court along with the complaint and initial notice to start the eviction process.

Consulting with an attorney before starting the notice/eviction process can save headaches caused by improper service or incorrect notices. Evictions are given special priority in Washington's courts, but because of this, the rules must be strictly followed for the court to have power to issue judgments and orders.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Don't Forget the Deposit Refund/Accounting!

2005-06-29T22:30:00.000-07:00

One of the most common mistakes that landlords make is forgetting to send a full accounting and/or refund of the deposit to the tenant's last known address within FOURTEEN DAYS of when the tenant moves out. Washington law (RCW 59.18.280) requires that within 14 days of move-out, you must send either a full refund of the deposit, or a full and specific written statement of the basis for retention of any part of the deposit.

The notice should be a detailed accounting of the damages to the rental unit, and the estimated costs to repair the damages. Photos are a nice touch, but not required. If the damage exceeds the amount of the deposit, you can include a note saying that $x.xx is owing, and must be paid within 30 days, or legal action will be taken.

You should send the notice certified so that you have proof of the date of mailing. The notice must be mailed on or before the 14th day after the tenant vacates the unit, and needs to be sent to the tenant's forwarding address. If they left no forwarding address, send the notice to the rental unit and make sure you keep the certificate of mailing and the envelope if it is returned.

You can also personally deliver the notice, as long as it is delivered in person to the tenant within fourteen days. Slipping envelopes under doors doesn't count-- it needs to be face to face. And you should create a declaration of service (like you would for a 3-day eviction notice) and sign and date it so you can prove when you served the deposit notice. Certified mail is ideal, however, because you have postmarked proof of mailing.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Background Checks: is your potential renter a serial deadbeat?

2005-06-28T15:54:00.000-07:00

Background checks are a cost-effective way to avoid the headache, expense and hassle of evicting delinquent tenants. It's smart to invest the money to obtain a credit report on the tenant to evaluate the balance of income/debts, and especially to discover whether the tenant has been evicted in the past.

Some county courts in Washington now have records online that you can search to see if a tenant has ever been sued for unlawful detainer (eviction). King County's can be found on the Clerk's website. Just type in the tenant's last name and select "civil" cases in the drop-down box. This search is only good for King County, and may not include every court filing, or cases that were settled short of filing the suit. It is, however, a quick and free way to check out a potential tenant!

Michelle's Estate Planning Seminar

2005-06-27T23:58:00.000-07:00

Michelle will be teaching an estate planning seminar through the University of Washington's Experimental College. The course will be July 27, 2005 at 7:00 pm, and Michelle will cover the basics of wills, trusts, powers of attorney, living wills and other essential disability planning documents. You can sign up through the Experimental College.

Increase in King County Filing Fees

2005-06-27T23:20:00.000-07:00

Effective July 24, 2005, the fee for filing an uncontested unlawful detainer action (i.e. if the tenant defaults or doesn't respond) is increased to $45.00, and the additional fee required from the plaintiff if an Answer or an Order to Show Cause is filed is $112.00.

The old fee schedule was $30.00 for a default and an additional $80.00 if the tenant filed an Answer or if an Order to Show Cause was issued.

Filing fees for all other civil actions are going UP in King County as well-- Filing a lawsuit will cost $200.00 as of July 24, 2005. You can find the fee schedule here.

Mandatory Eviction Data Form

2005-06-27T23:08:00.000-07:00

The King County Sheriff now requires birthdates, full names and phone numbers for tenants before they will serve and execute a writ of restitution. Without a fully completed data form, you may not be able to complete the eviction process against your tenants! It is important to get birthdates, full names (first, middle, last), phone numbers and drivers' license numbers from all tenants.