Washington Landlord / Tenant

This author frequently receives calls from residential tenants who are being evicted, or threatened with eviction, for nonpayment of rent.  The tenant often says the landlord breached duties, usually habitability (e.g. failure to address mold, which is addressed in another blog post), and asks what can be done to stop the eviction.  Not much.   Under the lease, the tenant’s possessory interest in the property is conditioned upon payment of rent.  While the Residential Landlor

Mold is a common problem in Western Washington given the precipitation and moisture.  Frequently, tenants / buyers / condo owners ask attorneys for representation against landlord / seller / HOA to fix mold and compensate mold-related damages, sometimes in exorbitant amounts.  The feedback as to the feasibility of the case, at least from this author, is not always encouraging to the potential client.   Is there a legal right to fix mold and, more relevantly, compensate for da

Residential tenancies in Washington are governed by the Residential Landlord Tenant Act (“RLTA”), RCW 59.18.  The RLTA imposes duties on landlords, and provides tenants with remedies for breach, that the parties cannot contract-around in the lease (this is in stark contrast to commercial leases which are governed almost exclusively by the parties’ agreement in the lease).       Generally, the RLTA imposes-upon landlords an obligation to keep the premises habitable as a reside

If a tenant vacates prematurely, a landlord can mitigate damages by re-letting the premises, or sometimes even through a sale.  The...