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What Mandatory Disclosures do
I need to give to my Tenants?
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 be a great landlord. 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.
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