landlordtenant

Landlord-Tenant

At Ditlevson Rodgers Dixon, P.S. we have significant experience in drafting legally binding commercial and residential lease agreements. We are extremely proud of our eviction success rate via unlawful detainer actions conducted in a highly efficient and effective manner. We have been quite successful in obtaining judgments for damages incurred as a result of the breach of commercial as well as residential lease agreements.

Introduction to Landlord Tenant Law
The basis of the legal relationship between a landlord and tenant is grounded in contract and property law. The tenant has a property interest in the land (historically a non-freehold estate) for a given period of time. The length of the tenancy may be for a given period of time, for an indefinite period of time, (e.g., renewable/cancelable on a month to month basis), terminable at any time by either party (at will), or at sufferance if the agreement has been terminated and the tenant refuses to leave (holds over). If the tenancy is tenancy for years or periodic the tenant has the right to possess the land, to restrict others (including the landlord) from entering upon it, and in most cases, to sublease or assign the tenant's interest in the property. The landlord-tenant agreement may eliminate or limit some of these rights. The landlord-tenant agreement is normally embodied in a lease, which may be oral or written.

The landlord-tenant relationship is founded on duties proscribed by statutory law, the common law, or the individual lease. What provisions may be contained in a lease is normally regulated by statutory law. Basic to all leases is the implied covenant of quiet enjoyment. This covenant ensures the tenant that someone will not disturb his possession with a superior legal title to the land including the landlord. A breach of the covenant of quiet enjoyment may be actual or constructive. A constructive eviction occurs when the landlord causes the premises to become uninhabitable.

The habitability of a residential rental unit is ensured by warranties of habitability, which are prescribed by common and/or statutory law. A breach of the warranty of habitability or a covenant within the lease may constitute constructive eviction, allows the tenant to withhold rent, repair the problem and deduct the cost from the rent, or recover damages.

The tenant typically has a duty to pay rent. State statutes may provide for a reasonable rental value to be paid absent a rental price provision. Rent acceleration clauses that cause all the rent to become due if the tenant breaches a provision of the lease are common in both residential and commercial leases. Summary eviction statutes commonly allow a landlord to quickly evict a tenant who breaches statutorily specified lease provisions, particularly a failure to pay rent. Most self-help methods of eviction, whereby the landlord acts unilaterally, are usually prohibited. Landlords are also restricted from evicting tenants in retaliation of action the tenant took in regards to enforcing a provision of the lease or applicable law.

Federal law prohibits discrimination in housing and the rental market because of a person's race, sex, national origin or religion.

Lease Agreements
When a landlord and tenant agree to the terms for the rental of property, whether orally or in writing, a tenancy is created. The agreement between the landlord and tenant governing the tenancy is called a lease or a rental agreement. It establishes a tenant's right to use property for a specified length of time in exchange for payment of rent. The property owner is called the "landlord" or the "lessor." The person who is entitled to occupy property is called the "tenant" or "lessee."

As with any contract, the rental agreement should be in writing to avoid misunderstandings and should contain all of the terms agreed to by the parties. A lease for one year must be in writing and, if for longer than a one-year term, the signatures of the landlord and tenant must be "acknowledged" (notarized).

Deposits
A landlord may require a deposit to ensure that the tenant takes care of the unit and complies with the terms of the rental agreement. A nonrefundable fee cannot be called a "deposit." A refundable damage or security deposit must be distinguished from nonrefundable cleaning fees.

If a deposit or nonrefundable fee is charged, the lease or rental agreement must be in writing and must include the terms and conditions under which any deposit will be returned. A deposit cannot be withheld for normal wear and tear. If a tenant pays a deposit, the landlord must provide a document describing the condition of the rental unit. The landlord is required to keep deposits in a trust account and must also provide the tenant with a receipt and the name and address of the depository. Any interest earned on a deposit belongs to the landlord.

The landlord has 14 days after a tenant moves out to return a deposit, or give a written explanation of why it (or a portion thereof) was not refunded. If a landlord does not comply the full amount of the deposit must be refunded to the tenant regardless of any claims by the landlord that the tenant is not entitled to a refund.

Duties of the Landlord
The landlord must provide and maintain the rental property, and must obey the rules of the rental agreement. The landlord (or his/her representative) must be accessible to the tenant and must:

* keep the premises up to code;
* maintain the roof, walls and structural components;
* keep common areas reasonably clean and safe;
* provide a reasonable program for control of pests;
* provide facilities to supply heat, electricity, and hot and cold water;
* provide reasonably adequate locks;
* maintain appliances furnished with the rental unit; and
* comply with any duties imposed by local laws.

Once notified of a defective condition and unless circumstances are beyond the landlord's control, the landlord has a certain amount of time to make repairs. Except for the limited right to make minor repairs and deduct their cost from the rent, a tenant has no right to withhold rent. The cost per repair may not exceed certain limits and reasonable notice to the landlord is required.

The landlord may not knowingly rent property that is condemned. If a landlord fails to perform his or her duties, three types of remedies may be available to the tenant:

1. The right to terminate the rental agreement and move out after giving written notice to the landlord.
2. The right to initiate litigation or arbitration proceedings.
3. The right to make limited repairs and deduct their cost from the rent.

In general, before exercising any of the Landlord-Tenant Act's remedies, the tenant: (1) must be current in rent payments, and (2) must give the landlord written notice of the defective condition.

Duties of the tenant
* pay rent; keep the premises clean and sanitary;
* not damage or permit damage to the unit;
* dispose of garbage; properly use fixtures and appliances;
* restore the property to its initial condition, except for normal wear and tear at the end of the term;
* comply with the rental agreement.

If the tenant fails to perform his/her duties, the landlord may seek to evict the tenant. If a tenant fails to maintain the premises, the landlord may:

* Evict the tenant.
* Make repairs and bill the tenant.
* Sue tenant for damages or force compliance with the rental agreement.

Eviction Process
The action by a landlord to remove a tenant from a rental unit is known as an eviction or an unlawful detainer. Some local housing codes define "just cause" for an eviction and outline procedures that must be followed. In eviction actions strict rules and procedures must be observed. Generally, a legal eviction process involves:

* Proper notice. Before evicting a tenant, the landlord must serve the required eviction notices using proper procedures.
* Filing of a lawsuit. If the tenant fails to move out, a lawsuit must be filed to evict the tenant.
* Entitlement to a court hearing. If the tenant disputes the reasons for the eviction, the tenant is entitled to a court hearing.
* Sheriff's involvement. If the tenant loses the court hearing, the sheriff would then be ordered to physically evict a tenant and remove the property in the unit. Only the sheriff, not the landlord, can physically remove a tenant who does not comply with an eviction notice and only after an unlawful detainer lawsuit has been filed.
* Liability for attorneys' fees. In an eviction dispute, the successful party is often entitled to recoup costs and attorney fees.

Landlords are generally prohibited from locking a tenant out of the premises, from taking a tenant's property for nonpayment of rent (except for abandoned property under certain conditions), or from intentionally terminating a tenant's utility service. Various penalties exist for violating these protections. Retaliatory evictions are also illegal. A landlord may not terminate a tenancy or increase rent or change other terms of the rental agreement to retaliate against a tenant who asserts his or her rights under the Landlord-Tenant Act or reports violations of housing codes or ordinances.

The unlawful detainer or eviction process is set forth in RCW 59.12, 59.18, and 59.20 (mobile homes). This process commences when the landlord serves one or more statutory notices to the tenant (i.e., 20-day notice to terminate tenancy, 3-day notice to pay rent or vacate, 10-day notice to comply with lease agreement or vacate). If the tenant has not complied with the notice, the landlord may serve a summons and complaint for unlawful detainer based on noncompliance of the notice in order to regain possession of the dwelling unit.

The tenant must answer the original unlawful detainer complaint within the time deadline stated in the complaint in order to prevent a default judgment. The tenant may submit a full written answer or the tenant may satisfy the answer requirement with a notice of appearance.

A complaint may contain any relevant affirmative defenses, set-offs, and allowable counterclaims. The counterclaims allowed in an unlawful detainer procedure are limited under RCW 59.18.380 and RCW 59.18.400.

RCW 59.18.370 provides the statutory basis for the show cause hearing. Here the tenant is required to show cause why the writ of restitution, giving possession of the dwelling unit back to the landlord, should not be granted. The possible outcomes of the show cause hearing are as follows: (1) the entire unlawful detainer action is dismissed; (2) a writ of restitution is not issued at the hearing and a trial date is set to fully decide the matter; (3) a writ of restitution is issued at the hearing and a trial date is set to decide related matters, such as back rent, attorney fees, and court costs; and (4) a writ of restitution is entered and a trial is not granted.

In the event the case is set for trial, unlawful detainer proceedings have priority over all civil trials. It is not always possible, but the trial should be scheduled within 30 days. If a writ of restitution is issued prior to a final judgment at trial, then the landlord may be asked to post a bond to the defendant in an amount commensurate with the costs of the suit and all damages, which the defendant may sustain if the writ of restitution was wrongfully issued.