We are leasing office space and our HVAC has gone out 3 times since we have leased the office. Most recently, beginning of December the HVAC has gone out and our office has been without heat since. We have notified the building manager of the prob...
I generally agree with the prior answers given, but I wanted to add some detail.
Be careful about distinguishing between thing you are required to pay for and things you are required to repair or maintain. The issue about "triple net" leases is solely about cost, not about the obligation to actually make sure the repair or maintenance work is done. If the lease requires the landlord to make repairs or maintenance to the HVAC, then you should be compensated in some way for the duration of the outages. The delay in getting the part doesn't affect the landlord's duty to you - they should be providing an alternate heat source, like space heaters, if they want to avoid compensating you.
Under Washington law, the only clear right you have to withhold rent is in circumstances where you pay to make repairs the landlord is obligated to make, but has failed to make within a reasonable time after written notice. That doesn't mean you can't negotiate something, though. Furthermore, you may have the right to terminate the lease for constructive eviction.
I suggest discussing this with an experienced real estate attorney after that attorney has had a chance to review the lease. Good luck.See question
I am a successor trustee on a Living Will and am in the process of selling my parents house. The house is being sold As Is with no work to be done by the family. The original date of sale was to be 15 Jan but extended to Feb 1. Due to lifestyle ch...
I agree with the two attorneys who answered previously that the terms of the purchase and sale agreement will dictate whether you can postpone or terminate the closing - insofar as the buyer is concerned. However, there is another significant issue for you to consider.
I'm not entirely clear on your position relative to the home being sold, but it sounds to me like you are acting as either personal representative (i.e. executor) under a will or as trustee of a trust created by a will. If either of those is the case, you are a fiduciary to your brother(s) and any others with an interest in the estate. That means you cannot make decisions that put your interests ahead of theirs. Postponing the sale might not make a big difference, but cancelling the sale would take money out of your brother(s) pockets, and could open you up to a claim that you breached your fiduciary duty.
Be very careful about failing to close in a timely manner for reasons that have only to do with your interests, unless your brother(s) agrees in writing.See question
We terminated/fired an employee who was an employee/manager who also lived in one of the rooms at the motel. As part of the benefits of being a manager here she was given the room free of charge, no rent, and no utilities bill. We gave the employe...
The former employee is not a tenant. From the Residential Landlord-Tenant Act, RCW § 59.18.040:
"The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application, in which event the provisions of this chapter shall control:...
(3) Residence in a hotel, motel, or other transient lodging whose operation is defined in RCW 19.48.010;...
(8) Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises."
However, I'm not sure it is better to have the former employee not be a tenant. Under the Residential Landlord-Tenant Act and the Unlawful Detainer Act, there is a summary remedy for getting rid of an occupant who refuses to leave. It can take a few weeks, but at least the remedy is clear. They should be liable to you for the rental value of the unit they occupy, which will be your burden to prove.
Having no experience with it, I'm frankly unsure how you go about getting rid of a motel occupant. It may be that you can get the police to remove them without a writ of restitution, which would be required if they are a tenant. You may also be able to change the locks while they are out, a self-help remedy that would be illegal if the former employee were a tenant. My concern with that approach is that if there is litigation over the former employee's rights, and if he/she is found to have been a tenant, you could be looking at some penalties and attorney's fees for having violated the landlord tenant act. It is at least arguable that by allowing the former employee to stay for a week, they became a tenant.
My suggestion is to offer them some money to leave, payable when all of their stuff is out of the unit.
By the way, even if the former employee is a tenant, they are not entitled to 30 days' notice of termination of tenancy. Residential tenants are entitled to 20 days' notice prior to the end of the rental period - which usually means they have to be notified by the 10th of a given month to vacate at the end of that month.See question
So my parents bought a model home back in may and due to Washington's recent rain we have noticed a leak due to a water stain on the drywall on the ceiling. I have torn part of the roof off and have now found that there is no paper under the roofi...
You say that the home was a model home. If they bought it from the builder, there should be a warranty. There is a fairly short statute of limitations on construction defects, so they should contact the seller right away. If the seller was not the builder, they may be out of luck, unless they can establish that the seller knew about the lack of roofing paper and failed to disclose the defect on the required seller disclosure statement. They should talk to an attorney ASAP.See question
The house next door to me was just sold. The person who bought it doing a complete remodel to eventually rent the home. While remodeling he noticed that the water pressure was very low. He has asked me if he can dig a 24" deep trench through my...
Mr. Thayer and Mr. Wilmot already mentioned easements, and I would like to add to their answers. If these houses date to the early part of the 20th century, there may well be a water line across your property already with no written easement in place. I would highly recommend that you ask your neighbor to sign an easement agreement that includes indemnification provisions and requires the neighbor to bring your property back to the same condition it was in before the trench or other work. It should also require work to be performed by licensed and bonded contractors.
These are pretty common easements - I have one client whose water line came across the neighbor's property, but the neighbor's sewer line came from my client's property. The executed reciprocal easements to allow for maintenance and repair of the water and sewer lines.
A word of caution - your neighbor may claim to already have an unwritten easement by virtue of having had the water line in place for many years (tacking on to the years of prior owners), through a legal concept known as a prescriptive easement. Although I have not researched the issue recently, I don't believe a prescriptive easement can be gained for invisible "use" like an underground pipe. It is likely, however, that if push comes to shove, your neighbor could get an easement through a lawsuit on the grounds of necessity, if there truly is no other way to get to the water main.
Regardless, it would be in the best interests of both parties to have the terms of any easement in writing. My suggestion is that you tell the neighbor that you will allow the work after the parties execute a written easement agreement, and that you want the neighbor to pay some or all of the cost of having your attorney draft the easement agreement. As the other attorneys have noted, easement agreements really need to be drafted by an attorney, as a poorly drafted easement agreement can be as much trouble as no written easement at all.See question
My husband and I built our home 20 years ago. We worked out of our home as a small business ( just the 2 of us). He passed away 2 years ago and I closed the business Dec. 2014. I am now selling the home and moving. I find I will have to fill ou...
The original mortgage would have been recorded with the county auditor. You should be able to get a copy of it. The amount of the mortgage will give you an idea of the cost to build, but it won't necessarily be accurate, since it won't tell you how much of your own cash you put into buying the land and paying the building costs. The auditor's office should also be able to give you a copy of the original deed and you may be able to get a copy of the excise tax affidavit from the treasure's office. Those documents may help you figure out what you paid for the land.
It may be that you don't need to figure out the original cost of the home, though. Your concern about the cost of construction probably relates to the potential for owing capital gains tax on the sale, since capital gains tax may be owing on the difference between your basis in the home (land cost + construction cost) and the sales price.
However, your basis would have "stepped-up" when your husband died. That is, your basis is automatically adjusted to be equal to its market value as of his date of death. If you didn't get an appraisal at that time, you may still be able to get an appraiser to give you a value as of that date, using sales comparables from the same timeframe. Maybe you don't need to tear your hair out about this issue, after all.
Also, depending on the sale price, you may not have a concern about capital gains tax, since there is an exemption of $250,000. If the sale price is below that amount, you don't have a tax concern regardless of the basis.See question
A tenant was served a 20 day termination of tenancy, he did not leave. Then he was served a "summons" and "complaint" and "unlawful detainer" however, these were not filed through the court yet. He still wont leave, what's next? I cant get this te...
Instead of a form to get the sheriff to evict the tenant, you need to file the summons and complaint with the court and get a writ of restitution. The process is very technical, and I strongly recommend you get an attorney to help you. Even if that just means providing you documents and some instructions so you can do it yourself, you'll greatly increase your odds of success. Non-lawyer landlords typically really struggle to get it right, and it can cause the process to take a really long time. Do yourself a favor, and find an experienced landlord-tenant attorney.See question
I have filed an eviction on a tenant with th court. I was not issued a court date. I'm confused on what happens next.
As indicated by the other attorneys' answers, evictions in Washington are highly technical. Strict compliance is required. In order to get a court date, the Plaintiff schedules a show cause hearing by getting an order signed by the commissioner at the Ex Parte courtroom.
I have helped landlords with evictions in the past after they have spend weeks and multiple hearings attempting to get the eviction done. Just hire an attorney - the cost will largely pay for itself in the lost rent you save, allowing you to get a new tenant in much sooner.See question
I was buying home from Billy and Jamie who were carrying contract which I found out where buying it fom someone else then Jamie sold out to Billy now Billy has died and I only have 2 payments left but just found out Billy is 10k in the rears on hi...
First, if your contract with Billy and Jamie isn't recorded, you need to try to record it right away. Second, you should contact the person who was selling it to Billy and Jamie and see if you can arrange to cure the default, or at least as much as it will take to prevent that seller from starting foreclosure or forfeiture while you are working things out.
This looks like the unfortunate result of not having title insurance or a professional escrow set up to handle payment processing. Mr. Alexander is correct, you do have a claim against Billy's estate, so you need to be sure to submit the claim in writing. I also agree that you may need to file a lawsuit and record a lis pendens to make sure the property isn't sold out from under you, either by the estate or by the prior seller. Of course, if Jamie is still alive, you have a claim against him/her also.
You need a good real estate attorney immediately.See question
The essential facts are that a group of thieves–have been raiding our neighborhood garages and stealing from them. We don't have the money to finance gates or security system. The thieves attack at night, between 2 and 4 am. Is it legal to bait th...
I think you answered your own question by using the word "murder" in your question. It is generally illegal to kill a thief to protect your property. You have to be able to demonstrate a legitimate fear of serious personal injury or death in order to justify the use of lethal force. I agree with the points made by both of the other answering attorneys, as well.See question