Washington Landlord Bankruptcy Clause

State:
Multi-State
Control #:
US-OL28042
Format:
Word; 
PDF
Instant download

Description

This office lease clause states that in the event the tenant becomes a debtor under Chapter 7 of the federal Bankruptcy Code and the Trustee of the tenant's property or the tenant elects to assume the lease for the purpose of assigning the same or otherwise, such election and assignment may only be made if all of the terms and conditions are satisfied. If such Trustee shall fail to elect or assume the lease within sixty (60) days after the filing of the petition, the lease shall be deemed to have been rejected.


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FAQ

Landlords can raise rent by any amount they please and as often they wish, as long they provide proper written notice. Washington state law requires that landlords provide 60-day notice to tenants prior to raising their rent.

A filer can exempt up to $10,000 worth of any type of personal property, with some exceptions using Washington's wildcard exemption. For instance, the amount you can protect in cash and bank accounts is very limited. (RCW § 6.15. 010(1)(d)(ii).)

Landlords are generally prohibited from locking a tenant out of the premises, from taking a tenant's property for nonpayment of rent (except for abandoned property under certain conditions), or from intentionally terminating a tenant's utility service. Various penalties exist for violating these protections.

(1)(a) At a landlord's request, the tenant may designate a person to act for the tenant on the tenant's death when the tenant is the sole occupant of the dwelling unit. (iii) A conspicuous statement that the designation remains in effect until it is revoked in writing by the tenant or replaced with a new designation.

End of no-fault evictions Under the new law, landlords would no longer be able to hand a section 21 notice to tenants at the end of a fixed term tenancy or during a periodic tenancy. This would mean that landlords can no longer remove tenants from their properties without cause unless their contract is finished.

Landlords cannot keep security deposit money for ?wear resulting from ordinary use of the premises.? Landlords cannot keep a security deposit to repair or clean the rental unit, appliances, furniture, carpet, or wall paint if the wear, deterioration, or breakage happens because of ?ordinary use of the premises.?

Landlords Must Give 14 Days' Notice to Pay Rent or Vacate If a landlord wants to evict a tenant for not paying rent, they must now give their tenant 14 days' notice to pay or vacate. Before, it was 3 days' notice.

New laws affecting renters in Washington State in 2023 Within 30 days after a tenant moves out, the landlord must either return the full security deposit or give the tenant a written statement documenting why they kept some or all of it.

Landlords must give 120 days' notice for the termination of month-to-month tenancies before major building changes that require tenants to leave the building. Previously, 20 days' notice was required. As a reminder, an owner or immediate family needing to occupy the unit doesn't qualify as change of use.

Landlords won't be able to use grounds for moving in, selling or redevelopment for the first six months of the tenancy, meaning responsible renters will enjoy enhanced security and peace of mind after moving into a property. New mandatory grounds for repeated serious arrears will also be introduced.

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Washington Landlord Bankruptcy Clause