Best Practices for Landlords: Late Rent Notices

Seattle’s Just Cause Eviction statute (SMC 22.206.160(C)) permits eviction of a tenant for habitual late payment of rent. The code also allows a landlord to terminate a month-to-month tenancy where there is a pattern of late payments. In order to meet the elements of the code, a landlord must give written notice of late rent at least four times in the prior twelve months. A paper trial of late payments bolsters an eviction for nonpayment of rent, and could rescue an eviction where the tenant pays all rent owed into the court registry.

A clear written notice can also help to prompt inadvertent late payments from continuing, by acting as a gentle “wake-up call.” It is a good intermediate step between ignoring the problem and issuing a formal three-day pay or vacate notice, which can sour the relationship between the landlord and tenant.

In light of the benefits of a clear paper trail of late rent notices, it is a good idea for landlords to develop a form notice to tenants notifying them of late rent. The notice should remind the tenant that their rent is late, warn of any late fees that may accrue, and have a space for the tenant’s name and unit to be filled in, with the date of the notice. There is no requirement that the notice be served like a three-day notice, so it can be slipped under the tenant’s door, or mailed to the tenant. The landlord should keep a copy of the notice in the tenant’s file.

As many Seattle landlords are aware, it is difficult to terminate a month-to-month tenancy where the tenant pays rent in response to a three-day notice to pay or vacate. Creating a paper trial of documented late payments makes it easier to give such tenants the boot, whether through eviction or termination of a month-to-month tenancy.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Coming Soon To A Desktop Near You!

Washington is almost ready to launch free online searches of court records! By March, the system should be fully operational, allowing the public to perform name searches of suits filed and judgments entered. Currently, King County allows the public to find out if a person has been evicted, convicted of a felony, sued, or had a judgment entered against them. Soon, we will be able to this for every county in one search on the Washington Courts Website!

This will allow landlords to determine if a prospective tenant has been evicted in the past, convicted of a felony, or had judgment entered against them. This will become a valuable tool for selecting the right tenant, and avoiding legal fees and eviction costs.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Collecting Non-Refundable Fees

This is one issue I see frequently in my practice - landlords collect non-refundable fees without following the statutory requirements, and then get burned. Under Washington law, in order to collect and keep a non-refundable fee, the landlord MUST:
-have a written lease
-the lease must clearly state that the fee is non-refundable
-the non-refundable fee must not be called a "deposit"
-the tenant must be provided a written receipt for the fee

If you fail to follow these requirements, and keep the fee as non-refundable, you may be facing a lawsuit by the tenant, and you will likely lose on this issue.

While Washington's landlord-tenant act is clearly written, sometimes landlords forget to include necessary information in their leases and notices. Lease forms from stationary stores and the internet are often not written with Washington's laws in mind, and can miss important requirements. This is why hiring an attorney to review your leases is cost-effective and can save you trouble and time later.

For more information about non-refundable fees, please read the statute itself at RCW 59.18.285. Additionally, the Rental Housing Association of Puget Sound (of which I am an associate member) provides its members with Washington-specific forms and leases, and is an excellent resource for NW Washington's landlords.


**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

DONATION FOR KATRINA VICTIMS

As posted earlier, I have donated 10% of fees collected during September to the American Red Cross, directed to aid the victims of Hurricane Katrina. The process was easy, and they provide you with a receipt for your tax deduction. Please, check out www.redcross.org today!


**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

FREE FORM NOTICES

Landlords can now receive FREE 3-day notice, 20- day notice and 10-day notice forms, with instructions on serving and declarations of service by emailing Michelle at farrislaw@michellefarris.com! Please include your name, address and email, as well as the type of form you'd like.


**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

DONATIONS FOR KATRINA REFUGEES

In light of the catastrophic events caused by Hurricane Katrina in the southern United States, the Law Office of Michelle Geri Farris will be donating 10% of all fees earned in September 2005 to the American Red Cross Hurricane Assistance Fund. For more information about the fund, or to make a donation of your own, visit www.redcross.org.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**

Fees and Costs for Evictions

The Law Office of Michelle Geri Farris charges flat fees for most residential unlawful detainer proceedings, as follows:

Default Judgment
$400.00 (total)
Show Cause Hearing or Negotiated Settlement:
$600.00 (total)
Trial
$600.00 plus hourly fee of $185 for work beyond Show Cause Hearing

Costs for an eviction depend on the circumstances, and can vary widely; however, the costs in King County are typically as follows:

Service of Complaint
$45.00-$75.00
Filing Complaint
$45.00
Show Cause Filing (in addition to the $45.00)
$112.00
Service of Show Cause Order by Certified Mail, Return Receipt Requested
$5-$15
Certified Copies of Writ of Restitution
$25.00 (approx)
Sheriff’s service of Writ of Restitution
$60.00-100.00
Parking at courthouse
$7.00-11.00 per trip


Reasonable costs and attorney’s fees can be added to the judgment if the landlord prevails.

COLLECTION OF JUDGMENTS
The Law Office of Michelle Geri Farris assists judgment creditors in collecting on their judgments. There are several options, including placing liens on the debtor’s real property, foreclosing real property, garnishing wages and garnishing bank accounts.

**Nothing in this blog is to be construed as legal advice, and no attorney-client relationship can be formed through this website. Please call or email my office if you are interested in retaining my services. Thank you.**