Shady Rental Agreements

Shady Rental Agreements

Real Estate Broker · Tacoma, WA · Member since 2016 · 545 posts · 252 votes

So a buddy of mine has been in this house for a few months and just told me he started getting a little bit of hassle from the property management company over a few minor things. Noise complaint from the neighbor, they said they weren't allowed to use the fire pit at the house that the owners themselves actually provided, just a bunch of little things. When he disclosed to the property management company that his dryer wasn't working (and never has actually worked), they directed him to the part of the lease that he signed(The fact that he signed it without reading is a different story, don't even get me started on that one haha Im going to have that conversation with him later) that says "All appliances in the home are property of the owner however MAY NOT BE RELIABLE and do not come at the cost of the lesser(owner)" It then went on to say that if they break, the tenant should nicely store them away in the garage where "kids and animals cant get to them." Theres other parts as well that say things like "I accept the house in its current condition"......I don't have it in front of me but I remember that it was VERY specific on what the tenant could and could not change about the house, which I understand but it just seemed off to me. Ive signed 7 or 8 leases so far in my life and I've read every single one, this one just seemed off to me.

Okay, now that Ive given you the back ground, I have a few questions.

I am located in Washington State By the way.

1.This is not an agreement I would ever sign, but is it legal? Aren't there laws protecting tenants from exactly this?

2. Where could one go to deal with this, if anywhere?

3. Is the entire contract void if the landlord breaks one or more of their commitments?

Anything helps.

This is actually good timing for me as I am buying my first rental this year so it'll be good for me to get some information from the tenants POV of a disagreement.

Thanks

Jameson Sullivan

0Reply
33 views

Most Popular Reply

Michele FischerPro Member
Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
10y

Jameson, welcome to BiggerPockets and landlording!  You haven't yet heard from a local, so thought I would chime in.

As a tenant there are free legal advice places he can engage in, but really the message is that he needs to read what he's signing and ask more questions before signing.  Your friend can call a used appliance shop and get relatively inexpensive service done to the appliance. As a landlord, I'd recommend a membership to WA landlord Association (WaLandlord.com,t hey help answer these kinds of questions and have great forms.

In Washington the rules are below.  The lawn care and which appliances should be stated  elsewhere in the agreement.  In my view stove and fridge are essential, everything else landlords can refuse to replace.  Tenants are extremely hard on appliances, it is not uncommon.

Landlord Responsibilities: Landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:

a.Cultivate, care for and mow surrounding grass, lawn, flowers, and shrubbery

b.Maintain the premises to substantially comply with any applicable code, statue, ordinance, or regulation governing the premise

c.Maintain the roof, floors, walls, foundations, and all other structural components in reasonable good repair as to be usable and capable of resisting normal loads

d.Keep any shared or common areas reasonable clean, sanitary, and safe from defects increasing the hazards of fire or accident

e.Provide a reasonable program for the control of infestation by insects, rodents, and other pests at move in

f.Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as at move in

g.Provide reasonably adequate locks and provide keys to the tenant

h.Maintain all electrical, plumbing (main lines), heating, and other facilities and appliances supplied by Landlord in reasonably good working order

i.Maintain the unit in reasonably weather tight condition

j.Provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant

See this reply in the discussion

5 Replies

Jump to latestLatest
  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    10y

    @Jameson Sullivan

    The noise complaint is a valid one, you can't be disrupting other people

    Was the fire pit addressed in the lease?  

    The dryer is borderline, does the lease include it as an amenity?  If not then their lease will stand and they will not have use of the dryer unless they fix it themselves.  

  • Member since 2016 · 13k+ posts · 12k+ votes
    10y

    Have him check with the state landlord tenant regulations, they are on line, to determine what his and the landlords rights are. The state regulations will over ride lease agreements in some cases. If there is no specific language in the regulations then the lease may take priority. 

    For yourself if you wish to be a landlord it is manditory that you learn all the regulations and understand how they are applied in your state. This is a business and they are the back bone of how you should be operating your business.  

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    10y

    It's generally acceptable/legal to not warranty certain appliances. Especially since it was clearly disclosed in the lease and something like a dryer doesn't affect the habitability of the home. 

    I've actually done the same thing with washers/dryers that I provided as a convenience to the tenant because I had extra ones. My lease read "The following items of personal property are included in the premises without warranty and the landlord will not maintain, repair or replace them: washer/dryer".

    That being said, a tenant cannot be required to waive their rights to things that affect the legal habitability of the home, even if it's in the lease. For example, things like a source of heat (furnace) in the wintertime, a working water heater, working plumbing/electrical systems, etc. (A dryer wouldn't fall in this category.)

    As for "where to go to deal with this", your friend could always have a local attorney who specializes in landlord-tenant law review the lease to ensure it complies with your state laws. Landlord-tenant laws vary widely from state-to-state so only a local attorney could advise you conclusively. 

  • Real Estate Broker · Tacoma, WA · Member since 2016 · 545 posts · 252 votes
    10y

    @Kyle J. He made is bed. Thanks for the input though.

  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    10y

    Jameson, welcome to BiggerPockets and landlording!  You haven't yet heard from a local, so thought I would chime in.

    As a tenant there are free legal advice places he can engage in, but really the message is that he needs to read what he's signing and ask more questions before signing.  Your friend can call a used appliance shop and get relatively inexpensive service done to the appliance. As a landlord, I'd recommend a membership to WA landlord Association (WaLandlord.com,t hey help answer these kinds of questions and have great forms.

    In Washington the rules are below.  The lawn care and which appliances should be stated  elsewhere in the agreement.  In my view stove and fridge are essential, everything else landlords can refuse to replace.  Tenants are extremely hard on appliances, it is not uncommon.

    Landlord Responsibilities: Landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:

    a.Cultivate, care for and mow surrounding grass, lawn, flowers, and shrubbery

    b.Maintain the premises to substantially comply with any applicable code, statue, ordinance, or regulation governing the premise

    c.Maintain the roof, floors, walls, foundations, and all other structural components in reasonable good repair as to be usable and capable of resisting normal loads

    d.Keep any shared or common areas reasonable clean, sanitary, and safe from defects increasing the hazards of fire or accident

    e.Provide a reasonable program for the control of infestation by insects, rodents, and other pests at move in

    f.Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as at move in

    g.Provide reasonably adequate locks and provide keys to the tenant

    h.Maintain all electrical, plumbing (main lines), heating, and other facilities and appliances supplied by Landlord in reasonably good working order

    i.Maintain the unit in reasonably weather tight condition

    j.Provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant

Join the conversationCreate a free account to reply, vote on answers and follow this thread.