Most of the time, when people come to us with landlord-tenant issues, they’re interested in something having to do with evictions. Therefore, we’ve created the following detailed resources for landlords seeking to evict residential tenants:
You may also be interested in the following resources:
However, there’s a lot more to the landlord-tenant relationship than evictions. In this article, we discuss what a lease is, and some of the rights both landlords and tenants are entitled to under Washington State law.
Legally speaking, what is a lease?
When a landlord and tenant sign a lease or rental agreement, that agreement is a contract that assigns certain rights and responsibilities between the parties. As you may know, the terms of a contract are like additional laws that you agree to abide by, and so they are usually enforceable in court. Therefore, as with any contract, when one party fails to perform under the lease, the other party has certain recourses against the non-performing party.
In practice, it is usually the landlord that seeks to enforce the contract against an allegedly non-compliant tenant rather than the other way around. However, tenants have rights too—many of which come from statute or common law rather than the provisions of the lease.
Regardless of which side of the dispute you’re on, it can be difficult to determine your rights and options under any contract when you aren’t familiar with the law. While each contract is different (especially commercial contracts, which are often custom-written to suit each individual situation), good legal counsel can help you choose and navigate the correct course of action in your situation.
Representing commercial landlords and tenants in and around Tacoma
The terms of a commercial lease usually matter more than the terms of a residential lease. The Washington Residential Landlord Tenant Act provides residential tenants and landlords with certain protections and rights regardless of what the lease itself says. In contrast, Washington State law provides for far fewer built-in protections for commercial leases. For this reason, it important to ensure that your commercial lease is drafted clearly and fairly before you sign.
Moreover, there is usually a lot more at stake in a commercial lease than in a residential lease. Commercial properties are typically rented to businesses, and so the costs for a tenant to move is often much higher. Moreover, the rent per unit on commercial properties is generally much higher, so losing a commercial tenant can have a large impact on a landlord’s bottom line. Finally, commercial units are often more specialized and therefore less fungible than residential units. For example, a building suited for a fast food business would not suit a doctor’s office without hundreds of thousands (or even millions) of dollars in renovation work.
If you’re renting a commercial property, you’re likely a business owner. When you have a business to run, problems with building maintenance or improvements can be more than an inconvenience—they can affect your livelihood and your future.
Alternatively, if you’re a commercial landlord, you may have a lot invested in a build-to-suit or other tenant-specific improvements. If you have a long-term lease in place, you may be better off enforcing the lease against your tenant rather than seeking an eviction.
Because the stakes can be high, and because commercial leases tend to be complicated, it is usually best to obtain experienced legal counsel when negotiating or dealing with commercial lease problems. For more information, check out our article on commercial lease disputes.
Representing residential landlords in and around Tacoma
Rental properties can be a great investment, but they can also be a huge headache. Beyond the day-to-day problems—like maintenance, accounting, and advertising—nearly every landlord will encounter a bad tenant at some point. When you have a non-paying, uncooperative, or dangerous tenant, usually your best option is to pursue an eviction.
Brink Law Firm is uniquely qualified to help with your eviction. Unlike most attorneys, we have owned and operated both commercial and residential rental properties in and around Pierce County for more than 50 years.
Note: The Brink Law Firm does not currently represent residential tenants. If you’re a residential tenant facing an eviction, we recommend that you contact the Tacoma-Pierce County Housing Justice Project, which often provides free counsel to tenants in need.
Contact an experienced Tacoma landlord-tenant attorney today.
The attorneys at the Brink Law Firm can help you understand your rights and options when it comes to negotiating or dealing with a lease dispute. Contact us online or call 253.620.6666 to discuss your situation.