Landlord/tenant

Front 1

SCOPE

Back 1

Washington Landlord Tenant Act

Front 2

Leasehold Estates

Back 2

1) Fixed terms- For a fixed period of time, terminates upon stated date. No notice necessary. Over 1 year, in writing.
2) Periodic tenancy: estate which continues for successive intervals until L or T give proper notice of termination. Usually from year to year or successive fractions of a year. Express or implied./ Notice of termination must be in writing and delivered to the party in question. Non-residential (20 days by L, 30 for T) residential 20 each.
3) Estate at will- no fixed period of time. Terminated by either party.
4) Tenancy by sufferance- created when T has wrongfully held over past expiration of the lease.

Front 3

Leases

Back 3

1) T has present possessory interest. L has rent and reversion.
2) Must be in writing if more than a year. Recording act for 2 years.

Front 4

Termination of Leases

Back 4

1)Release: if T purchases L's interest then the lease is terminated.
2) Surrender- L accepts T's offer to convey the leasehold to L then the lease is terminated by surrender.
3) Abandonment- T vacates and stops paying rent.
4) Destruction

Front 5

Landlord Duties/T's remedies

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1) Delivery of property
2)Implied covenant of quiet enjoyment- use of land without interruption/interference.
3) Implied warranty of habitability- Habitable for humans to live in.
T's remedies- current on rent and NOTICE. Damages, abatement the rent, repair yourself and reduce from the rent. Terminate the rent.
4) NO waiver

Front 6

Evictions

Back 6

1) no self-help evictions in residential property.
2) no retaliatory evictions
3) unlawful detainer action is valid.

Front 7

Security Deposits

Back 7

L must 1) state terms and conditions governing the deposit in a written lease and must provide a check list of existing conditions, signed and dated.
2) Place funds in an escrow.
3) Return within 14 days or say why not.
4) Landlord who fails to do this is liable for full deposit and potential double deposit for attorney fees.

Front 8

Landlord Liens

Back 8

Residential- lien abolished. However, if abandoned, L may hold for 45 days, try to notify T and then sell or dispose.
For non-residential- L may assert a lien on T's goods for delinquent rent. Priority over other creditors. 2 months.

Front 9

Landlord's liability for personal injury

Back 9

1) Latent defects- obvious and dangerous defects
2) Common area defect- Reasonable care common areas.
3) Public use- Knows or should have known of dangerous condition and reason to believe public will use the premises and fails, Liable.
4) Covenant to repair- if there is a clause saying L will make reasonable repairs and fails to do so, L is liable.
5)Negligent repairs: negligent work and injury, L is liable.
6) Modern trend- WA SC has not held landlords liable for injuries for ordinary negligence/ Breach of WRLTA code.
7) No duty to protect from other tenants.

Front 10

Tenant Duties and Landlord remedies

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1) May be liable to 3rd parties for dangerous conditions
2) Duty to repair- not to commit waste on leased premises. Voluntary- harmful overt acts which damage property. Permissive- neglect to prevent damage from elements.
Amerilorative- Must return premises in the same nature and character as received.
3) Covenant to repair- Even in residential lease, L usually has to repair. Non-residential- T's covenant is valid.
4) No illegal purpose
5) Duty to pay rent

Front 11

Assignment and subleases

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1) In the absence of an express restriction in the lease, a T may freely transfer his leasehold interest, in whole or in part.
2) Assignment- a complete transfer of the entire remaing term
3) Sublease- tenant retains party of the remaining term of the lease.
4) Consent-L consent only necessary if it is the lease
5) Consequences, assignment (steps into shoes of T), sublease (T essentially becomes L)

Front 12

Fixtures

Back 12

A fixture is a once moveable chattel that has been annexed to real property and which becomes part of the realty. INTENT MATTERS.
2) Degree of annexation, how removable?
3) Fixtures pass with the land, including when it is conveyed, leased, and/or mortgaged
4) T can install fixture if removed before lease term and damage is fixed.
5) Buyer of sold property is entitled to fixture unless expressly excluded.
6) Security interest: Fixture SI, first to file or record or if lender has PMSI, file within 20 days of fixture installation.