The CARES Act requires thirty days’ notice for nonpayment eviction for rental properties covered by this law. Covered properties include Section 8 tenants, properties with federally-backed mortgages (FHA, Fannie Mae, Freddie Mac, etc.), and may apply in other situations. Whether the CARES Act applies to cases other than nonpayment, such as nuisance evictions, has been the subject of two Court of Appeals rulings in recent months. Division Two of the Washington Court of Appeals ruled that the CARES Act applies to covered properties for all eviction cases, regardless of grounds. Meanwhile, Divis ..read more

Attorney Travis Scott Eller frequently presents at continuing legal education and industry group seminars. He presented at the Rental Housing Association 2024 Spring Workshop and Tradeshow on March 23 on the subject “Today’s Eviction Process.” Topics included drafting and serving predicate notices, the CARES Act, recent case law, good cause to evict under state and local laws, and various other topics related to landlord-tenant law and evictions. Travis Eller completed a three-day National Institute for Trial Advocacy workshop on advanced public speaking for attorneys and is active in an adv ..read more

Shoreline Tenant Protections The City of Shoreline passed a new law this week creating new local tenant protections, including an increased notice of rent increase timeframe; limits on move-in fees, late fees, and security deposit amounts; a requirement to allow payment plans for move-in costs; and a prohibition on the requirement of providing a social security number. For rent increases of three percent but less than ten percent the landlord must give 120 days’ notice. For rent increases of ten percent or more, the landlord must give 180 days’ notice. All move-in fees and security deposit ma ..read more

Measure One (also known as the “Tacoma Landlord Fairness Code Initiative”)  passed in the recent election and is expected to be enacted into law soon. Below is a short outline of some of the key provisions. We will post a more detailed analysis later. For advice about your circumstances, it is always best to consult with an attorney. Rent increases.  Landlords must be in compliance with all federal, state, and local tenant protection laws before raising rent. The landlord must use a rent increase form established by the City of Tacoma. Rent increases require two notices, one betwee ..read more

Attorney Travis Eller recently presented at the continuing legal education seminar “Washington Landlord-Tenant Law From Start to Finish” for the National Business Institute. Mr. Eller’s topic was “Terminations and Evictions: When the Love is Gone.” The seminar is now available on demand. Use promo code FPDN50A at checkout to get $50 off. See https://www.nbi-sems.com/ProductDetails/97315SVDM The post Landlord-Tenant Law Seminar Available on Demand appeared first on Washington Landlord Attorney ..read more

Attorney Travis Scott Eller will speak at a King County Law Library webinar on November 1 at noon. Registration is free but limited. Questions must be submitted in advance. For details see the King County Law Library website at King County Law Library Webinar   The post Travis Eller to Speak at King County Law Library Webinar on Landlord-Tenant Law appeared first on Washington Landlord Attorney ..read more

Attorney Travis Scott Eller will lecture on landlord-tenant law at two continuing legal education seminars this fall. Mr. Eller will present on the topic “Terminations and Evictions: When the Love is Gone” at the National Business Institute’s “Washington Landlord-Tenant Law From Start to Finish: Practical Insights From Lease Agreement to Post-Tenancy Issues” on October 18, 2023. On November 17 Mr. Eller will present “2023 Federal & State Updates” which will focus on the CARES Act, just cause eviction, and terminating tenancies under state law for the Seminar Group’s “Residential Evictions ..read more

Most home sales go smoothly enough. Some do not. What if the seller refuses to move out? A new law protects buyers of residential properties when a seller refuses to move out after closing. Previously the buyer would have to go through a slower process called an ejectment action. Now the buyer can get the seller out through the expedited unlawful detainer process, which is what most people mean when they think of an eviction case. Certain conditions must be met before the buyer may bring the unlawful detainer action, rather than the slower ejectment process. The conditions are: 1) The rent-ba ..read more

Landlord-tenant law of only a few years ago is almost unrecognizable today. Below is a bullet-point list of some of the more important developments. An article cannot list all the changes or analyze them in depth. Consult with an attorney about your circumstances. CARES Act The federal CARES Act applies to any property with a federally-backed loan (Fannie Mae, Freddie Mac, etc.) and any unit with a Section 8 tenant. The CARES Act may apply if any tenant in any unit is a Section 8 voucher tenant, if the owner received a mortgage forbearance, and other circumstances. Courts may require the la ..read more

There are two bills being proposed in the Washington legislature that if enacted into law would impose strict rent controls in Washington. The proposals’ terms vary, but both would essentially peg rent increases to inflation, with a cap of seven percent. The bills are HB 1388 and HB 1389. HB 1389 has numerous provisions absent from HB 1388. Landlords could “bank” unused rent increase capacity if the landlord does not increase rent in a 12-month period. To preserve banked capacity the landlord would have to serve a statutory notice form and serve in the same formal legal manner as a predicate ..read more