[WSBAPT] Exempting Landlord from Landlord Tenant Act RCW 59.18.360

[Jeanne Dawes]

Has anyone acting for tenant approved the exemption of the Landlord
pursuant to RCWQ 59.18.360.

If so, would you provide me with your analysis for approving the
application for exemption as complying with the statute.

Also let me know if you are in Spokane and are willing to approve the
exemption in writing on behalf of a tenant.  I’m not comfortable with
this, and if the tenant decides to move forward I will need to refer him
out. 

Here is the statute:

RCW 59.18.360

Exemptions.            
A landlord and tenant may agree, in writing, to exempt themselves from the
provisions of RCW  <http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.060>
59.18.060,  <http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.100>
59.18.100,  <http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.110>
59.18.110,  <http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.120>
59.18.120,  <http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.130>
59.18.130, and  <http://app.leg.wa.gov/rcw/default.aspx?cite=59.18.190>
59.18.190 if the following conditions have been met:

     (1) The agreement may not appear in a standard form lease or rental
agreement;

     (2) There is no substantial inequality in the bargaining position of
the two parties;

     (3) The exemption does not violate the public policy of this state in
favor of the ensuring safe, and sanitary housing; and

     (4) Either the local county prosecutor's office or the consumer
protection division of the attorney general's office or the attorney for
the tenant has approved in writing the application for exemption as
complying with subsections (1) through (3) of this section.

[1973 1st ex.s. c 207 § 36.]

Jeanne J. Dawes

Attorney at Law

Gore & Grewe, P.S.

103 E. Indiana Avenue, Suite A

Spokane, WA 99207-2317

Voice:  509-326-7500

Fax:      509-326-7503

 <mailto:jjdawes at goregrewe.com> jjdawes at goregrewe.com

 
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