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Tuesday, December 2, 2008

Mandatory Disclosures Seattle Tenants

Posted by WiSa at 4:27 AM

http://duffy-real-estate.blogspot.com/2008/12/mandatory-disclosures-

seattle-tenants.html

Questions about mold. Mold can impact human health. For some, the

impact of molds can be significant. Molds may trigger asthma attacks

or allergy symptoms (not unlike hay fever). Although mold and the

mycotoxins they may produce are still a topic of considerable

debate, they should not be tolerated in your investment properties,

even if you don't live there. Landlords notify new tenants starting

on July 24, 2005 and current tenants by January 1, 2006. Landlords

must supply information to tenants about the the health hazards

associated with mold and what steps a tenant must take to control

mold. This information may be posted in a visible, public location.

The mold pamphlet, which has been approved by the U.S. Environmental

Protection Agency, containing the required disclosure can be found

here.

Mandatory Disclosures Seattle Tenants

Posted by WiSa at 4:27 AM

There are primarily five disclosure items to keep in mind if you are

a Puget Sound property owner. The first is with regard to the

Landlord-Tenant laws themselves. A summary of the Washington State

and City of Seattle Landlord-Tenant laws must be supplied to the

tenants at least once per year. This summary highlights the

obligations of both the landlord and the tenants, including

provisions regarding evictions. Tenants can recover actual damages,

legal costs, and penalties through private action against landlords

who violate this law.

The second is with regard to the lead paint. The United States

Department of Housing and Urban Development requires that landlords

provide prospective residents with notice of certain known

information regarding lead paint and lead-based paint hazards before

leases take effect. This is a federal rather than a state or local

requirement, but it is a law and it is mandatory. You can find the

HUD Pamphlet on lead paint and lead-based paint hazards online at

the United States Department of Housing and Urban Development site.

If your building was built before 1978, print out the pamphlet, give

it to your tenant, and have them sign or initial an acknowledgement

indicating that they have received and reviewed the pamphlet.

The third is with regard to deposits. The City of Seattle requires

that landlords give tenants a written receipt for each deposit. The

term deposit can only be used with regard to money that can be

refunded. If the money is not going to be refunded, such as a non-

refundable pet deposit, it should not be called a deposit. Call it

something else instead, like a Non-Refundable Pet Service Fee.. The

rental agreement must be in writing and it must state what each

deposit is for and what the tenant must do to get the money back. A

checklist describing the condition of the unit must be filled out

and the tenant must sign it and the tenant must be given a signed

copy. The deposits must be kept in a trust account with a bank or

escrow company and the tenants must be informed in writing where the

deposits are being kept. The landlord, however has no obligation to

pay interest to the tenants on the deposits being held.

The fourth is with regard to rent increases for Seattle tenants. The

City of Seattle requires that landlords give tenants at least sixty

(60) days notice if the landlord intends to increase rents by more

than ten percent (10%) within a twelve (12) month period. Seattle

landlords are also not allowed to require a month-to-month tenant to

stay for more than one rental period. Rental provisions that

penalize a tenant any such violations are not enforceable.

The fifth is with regard to mold. The Washington State Department of

Health has a website listing Frequently Asked Questions about mold.

Mold can impact human health. For some, the impact of molds can be

significant. Molds may trigger asthma attacks or allergy symptoms

(not unlike hay fever). Although mold and the mycotoxins they may

produce are still a topic of considerable debate, they should not be

tolerated in your investment properties, even if you don't live

there. Landlords notify new tenants starting on July 24, 2005 and

current tenants by January 1, 2006. Landlords must supply

information to tenants about the the health hazards associated with

mold and what steps a tenant must take to control mold. This

information may be posted in a visible, public location. The mold

pamphlet, which has been approved by the U.S. Environmental

Protection Agency, containing the required disclosure can be found

here.

Anything else I should do to ensure a great landlording experience?

The best thing that a landlord can do to ensure a great experience

for himself and his tenants is to manage firmly, but fairly. By

that, I mean that you should fix problems promptly when they are

reported, be reasonable when tenants ask for things to be done or

improvements to be made, make yourself reasonably accessible in the

event that they need to contact you for any reason (my tenants have

my cell phone number and my email address, both at work and at

home), keep the property in a well-maintained state, and try to go

above the call of duty if you can. If situations arise that are

unforeseeable that cause your tenants some inconvenience, consider

giving them a slight break on their monthly rent simply as a gesture

even if you are not contractually obligated to do so. Even a $10

reduction in rent will buy a significant amount of goodwill, which

will translate into fewer calls, more reasonable requests over time

and, if something really does go wrong, your tenants will be more

inclined to work with you to resolve the problem.

Federal law prohibits landlords from refusing to rent to a person or

imposing different rental terms on a person on account of race,

color, religion, sex, handicap, familial status (having children or

seeking custody of children), or national origin. State law gives

protection as well to the same individuals regarding marital status,

creed, the presence of sensory, mental or physical disability.

Anyone of feels that they may have been a victim of housing

discrimination may file a written complaint with the Washington

State Human Rights Commission or the federal Fair Urban Housing

Section of the United States Department of Housing and Urban

Development.

is an active real estate investor in the Puget Sound Area.

has been married to Grace for 12 years, and they have two

daughters, Sydney (7 years old) and (2 years old). Find out

more about at http://www.peterku.com.

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