[WSBAPT] Slides, Answers to Questions, and a Link for a replay for Webinar: Hot Topics in Landlord / Tenant Law

[Michael Safren]

Hello Listservs:

Thank you all who attended the free Webinar: Hot Topics in Landlord /
Tenant Law.  We had a number of requests for copies of the PowerPoint
presentation and some questions for our presenter.  I've attached copies of
the

I've posted a link to watch a re-play of the webinar so if you missed the
presentation or just want to re-watch it, here's another opportunity to
view the webinar:
https://event.on24.com/wcc/r/1795518/804105923B904DA4A9F03967E93F9A46

Lastly, you can find answers to questions that our presenter received
during the presentation below:

What is a circumstance under which an offer of reasonable accommodation
before a request is made be unlawful discrimination?

·         If a landlord volunteers an accommodation to one tenant but not
to another tenant that may be discrimination (or preferential treatment of
one tenant over another). It is best practice to have objective criteria
and to wait for the tenant to make the request. The tenant will know best
what they need for their condition.



If someone feels they have been denied due to Section 8 or other income
protected source under the new September 30 law  [RCW 59.18.255], would
they then just file in small claims for under $5,000? Can they sue for an
injunction order for the unit to be made available (seems like a toxic
relationship already)?

·         The statute does not specify whether a claim must be brought in
small claims court, district court, or superior court. Depending on the
amount at issue, the claim might fall within the jurisdictional limits of
Small Claims Court. Otherwise, the claimant could sue in district court or
superior court.

·         The statute currently only provides for a monetary damages, not
injunctive relief, if a landlord is found to violate RCW 59.18.255.



What is the landlord’s procedure to remove a person who is a family member
of the deceased tenant that moves into the property but is not on the lease?

·         A more complete set of facts might be required to answer this
question. If the family member started living in the property prior to the
tenant’s death, and that person is *not* the representative designated by
the tenant, then that person was arguably an extended guest of the tenant.
That guest’s permission to be in the property expired once the tenant died.
Even if a lease is a term lease, the tenant’s death cuts short the term. If
the family member refuses to leave, then the landlord could issue a 3 Day
Notice to Quit under RCW 59.12.030(6) since the relative does not have
permission of the owner or color of title to the property.  The family
member could also be liable for trespass under RCW 9A.52

·         If the family member was designated as the tenant representative
under RCW 59.18.590, they could theoretically occupy the property in
fulfillment of their obligations as the tenant representative in preparing
an inventory and removing the personal property, but they would need to pay
rent to the landlord to comply with RCW 59.18.595. If they are not the
designated representative, not the PR named in the will, and not the
executor (



When is relocation assistance required?

·         At the local/municipal level, it will vary by jurisdiction

·         Under state law, it is required under RCW 59.18.085 if the
property is condemned or deemed unlawful to occupy.

·         Under state law, it is required under RCW 59.18.440 for low
income tenants if a property is demolished, substantially rehabilitated,
its use is changed in the development of a comprehensive pan under RCW
36.70A.040




Hope everyone has a great Labor Day weekend and happy viewing!

Kind regards,
Michael Safren
Web Editor, RPPT section
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