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

[Paul Neumiller]

Hi, do I correctly assume that someone is working on the WA Certificates of Participation?  I will also need one for California.


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Michael Safren
Sent: Friday, August 31, 2018 7:22 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Slides, Answers to Questions, and a Link for a replay for Webinar: Hot Topics in Landlord / Tenant Law

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<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fevent.on24.com%2Fwcc%2Fr%2F1795518%2F804105923B904DA4A9F03967E93F9A46&data=02%7C01%7C%7Cb1567377ff9b4547a2a608d60fb2d8ce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636713658176419674&sdata=civoViUNBiYGACiYPIjhvkqv00YfnRXN%2BPuYfdx64rM%3D&reserved=0>

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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