[WSBARP] Adult Family Home Lease- Commercial v Residential

[nestor at pplsweb.com]

This is commercial purposes. The first step is insuring that the City or Town allows this use  or if the property is zoned for this  use. I would make the lease contingent on Tenant obtaining all licenses and approvals, before allowing the business to operate. 

 

Keep in mind that this use or operation has a high risk of liability to the operator and your client as landlord should be adequately and sufficiently covered for the liability or acts of the operator. For example, keep in mind that it is common for elderly people to fall and typically the family members will go all out against the operator AND the property owner if possible.

 

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Julie Martiniello
Sent: Thursday, July 11, 2019 3:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Adult Family Home Lease- Commercial v Residential

 

Hello All,

 

I have a client that is going to lease a property to a tenant that will be operating an adult family home in the property. He wants to do this a commercial NNN lease. My question is this: Since he know it is going to be used for residential purposes, must this be a residential lease in which RCW 59.18 would apply, or since he is leasing it to a business for its own business purposes do the duties imposed under 59.18 not apply to the owner?

 

Thanks in advance for any input! 


 

-- 

Respectfully,


JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC 
130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: 206.973.3500 | f: 206.577.5090| e: JULIE <mailto:JULIE at dimensionlaw.com|> @dimensionlaw.com|  <http://www.dimensionlaw.com/> www.dimensionlaw.com

 

 

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