1. 20 Tips to Avoid Legal Problems with Tenants

2. Evan L. Loeffler Loeffler Law Group PLLC 2611 NE 113th Street, Suite 300 Seattle, WA (206)

3. I. Finding Tenants

4. 1. Advertising Must not discriminate any protected class
HUD considers a blanket policy against renting to convicted criminals a discriminatory practice
Section 8 tenants are a protected class in Seattle
Indicate whether you accept portable tenant screening

5. 2. Tenant Screening Criteria
Criteria should be in writing and distributed with the application packet
Income to rent ratio
Good rental history and references
Credit rating
Confirmed employment
Criminal history
Be aware that Section 8 benefits effectively lower the rent

6. 3. Tenant screening RCW 59.18.257 on screening
Always give a receipt for any money from prospective tenant
Give the name and contact information for the tenant screening service
Use the “adverse action notice” provided by statute

7. II. Forming the Relationship

8. 4. Late fees Late fees should be reasonable
10% appears to be the limit
Per diem late fees create issues
Late fees may not be rent anymore
Understand the difference between a due date and a grace period

9. 5. Payment Requirements Direct deposit vs. checks
Cashier’s checks after NSF
Prohibition against cash

10. 6. Lease Attachments Security deposit checklist Lead paint disclosure
Mold information
Summary of landlord-tenant laws (Seattle)
Pet addendum
Parking and storage addenda
Rules and regulations

11. 7. Renters Insurance
If the lease does not say tenants are not beneficiaries of the landlord’s insurance they are
Request proof of insurance
Do not require certain limits or deductibles – it’s the tenant’s policy

12. 8. Deposits Must have a walk-through condition checklist
Checklist must be signed and dated by the tenant
Money must be in a separate account
Address of bank must be provided

13. 9. Tenant Representatives
RCW provides landlords may request sole occupants to designate a “tenant representative” in the event of the tenant’s death
Designation to be separate from the rental agreement – not necessarily the emergency contact

14. III. During the Tenancy

15. 10. Written Communications
Give your lawyer a record to work with
communications for most contact OK
Not acceptable for formal communications like changes in terms and notices of default
Keep records of communications
RLTA requires that landlord give receipts

16. 11. Timely Repairs
Law requires landlords to commence repairs within time limits and continuously try to finish in a timely manner
The obligation of good faith trumps the obligation to make repair requests in writing
Even if tenant causes the problem it should be fixed – determine who pays for the repair later

17. 12. Reasonable Accommodations
Tenants requesting reasonable accommodation should be accommodated if possible
It is OK to request verification if a disability is not apparent
E.g. note from a doctor that the tenant is being treated and a dog is a part of the treatment – not requesting what the treatment is for
A reasonable accommodation must not seriously inconvenience landlord or other tenants

18. 13. Inspections and Access
RCW says landlord has the right to access for repairs with at least two days’ notice
Landlord may enter without notice if there is an emergency
Parties may agree to less time
Tenant need not agree
Tenant need not be present
Landlord should not breach the peace
Landlord must not abuse the right to access
After refusing to allow access the landlord may fine the tenant $100

19. 14. Notices of Default
Notices of default (payment of rent, violation in terms) and termination of tenancy must ALL be delivered
In person, or
Both posted and mailed by regular U.S. mail
No substitutes
Prerequisite to eviction: do it right or do it again

20. 15. Notices of Changes
Probably should be delivered similarly as with other notices
At least 30 days before the beginning of the next rental term
Raising the rent requires 60 days’ notice before the beginning of the next rental term
Includes any change of term including when rent is due, insurance requirements, etc.

21. 16. Renewals If lease is not renewed its ends
If tenant does not move and landlord accepts rent, tenancy is month-to-month
Offer renewal for a limited time (unless tenancy is already month-to-month) well in advance of lease termination

22. IV. Ending the Tenancy and Afterwards

23. 17. Terminating Tenancy Listen to your lawyer Follow all the rules
Do not accept rent if tenant is supposed to be out
“Out” means tenant has removed all personal property or abandoned it. A tenant planning to come back to pick up personal property is not out.

24. 18. Allowing Early Termination
Tenants requesting reasonable accommodation to move for health reasons
Tenants who are victims of domestic violence
Tenants who are in the military (or dependents) who receive orders to deploy or to relocate

25. 19. Accounting for the Deposit
There is no requirement that the landlord and tenant meet to inspect the unit
Exit inspections or “walk-throughs” an excellent way to guarantee a disagreement
The law changed in 2016: 21 days to account for the deposit
Leases that say 14 may supersede the 21-day rule
Case law requires landlords to be proactive to provide accounting—don’t wait a week to line up contractors!
Provide estimates and invoices whenever possible.

26. 20. Keep Records
Statute of limitations to sue on failure to comply with a contract is six years.
Recommend keeping records concerning a tenancy for at least seven years.