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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Neighbor built shop on my property, refuses to remove it. What are my rights?

My neighbor has built a shop on my property and continues to place equipment and personal property there despite my requests to stop. I have spoken to him, but he refuses to remove the building and his belongings. I have a survey that clearly defines my property boundaries, and I have notified the... View More

Anthony M. Avery
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answered on Jun 6, 2025

Hire a W?A attorney to search both titles and sue for a boundary line dispute. If you do nothing, after so long he owns some of your property inside the new boundary line .

1 Answer | Asked in Real Estate Law and Estate Planning for Washington on
Q: Where to find a form to revoke a transfer on death deed in WA?

I previously filed a transfer on death deed for my house in Island County, Washington. We are now changing our will and were advised to revoke the transfer on death deed because it may complicate matters for the beneficiaries who will inherit the house. I'm looking for an online resource where... View More

Merry A Kogut
Merry A Kogut
answered on May 31, 2025

Hello - I'm puzzled why anyone would advise you to revoke a transfer upon death deed as normally it helps beneficiaries avoid probate. You may want to obtain a second opinion on whether you should keep the Transfer Upon Death Deed in place or revoke it. Everyone's circumstances are... View More

1 Answer | Asked in Contracts and Real Estate Law for Washington on
Q: Is a signed Amendment to a Lease Agreement valid without notarization in WA?

I am a real estate agent in Washington state. My client entered into a Lease Agreement and a 12-month Option to Buy Agreement, neither of which were notarized. The tenant/buyer and landlord/owner later signed an Amendment (electronically signed one month ago) stating that instead of the... View More

James L. Arrasmith
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answered on May 15, 2025

In Washington state, a signed amendment to a lease agreement does not necessarily require notarization to be valid, as long as both parties have agreed to the terms. Since both the tenant/buyer and the landlord/owner signed the amendment, even electronically, it is likely enforceable unless there... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Washington on
Q: Landlord shut off electricity due to code enforcement move-out order.

My landlord has been directed by code enforcement to have us move off the property because we are living in our motorhome. The landlord received paperwork, but we did not. In response, the landlord turned off our electricity, even though we have paid rent for this month. Although there have been no... View More

James L. Arrasmith
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answered on May 15, 2025

In this situation, your landlord is required to follow proper legal procedures before taking actions like shutting off electricity, especially if you have already paid rent. Turning off the electricity could be seen as an illegal lockout, which is prohibited in many jurisdictions. It’s important... View More

1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: Is a jointly owned truck considered part of an estate in Washington State?

I'm in Washington State, and my dad recently passed away. He had a truck titled in both his and his girlfriend's names, and the truck is paid off. They were not married, and his girlfriend wants to sell it to me. My sister argues that the truck is part of the estate, but since my dad has... View More

James L. Arrasmith
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answered on May 15, 2025

In Washington State, whether the truck is part of the estate depends on how the names are listed on the vehicle title. If the truck title shows both your dad and his girlfriend with the word "or" between their names, or if it was listed as joint tenants with right of survivorship, then... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Washington on
Q: Is my eviction case valid if the tenant was given only 9 days to respond?

I served summons and complaints to my tenant for non-payment of rent in an eviction case. However, I mistakenly indicated that the tenant had only nine days to respond instead of the required twenty days. Four business days have passed since I served the notice, and I haven't received any... View More

James L. Arrasmith
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answered on May 15, 2025

It’s good that you caught the mistake early, because the deadline listed on a summons is an important legal detail. If you gave the tenant only nine days to respond when the law requires twenty, the court may view that as a procedural error that affects the fairness of the process. Even though... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Do I have grounds to pursue legal action for failure to disclose, fraud, negligence, or breach of contract.

• I purchased a residential property on July 14, 2024.

• Shortly after moving in, my family began experiencing unexplained illnesses. (2x adults , 1x 2years old )

• In August 2024, we remodeled the kitchen and discovered extensive mold on the walls, which was subsequently... View More

James L. Arrasmith
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answered on May 15, 2025

You may have valid grounds to pursue legal action based on what you've discovered and experienced. If the seller knew about previous mold or water damage and failed to disclose it, that could be considered fraud or a violation of disclosure laws. In most states, sellers are required to... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Washington on
Q: Breaking lease in WA due to maintenance issues; are cleaning charges valid without wear?

I am breaking my lease in Kent, Washington, due to unresolved maintenance issues over the past seven months. The lease's move-out instructions state the carpets and blinds will be professionally cleaned, deducting these costs from my security deposit. Despite documenting the carpets'... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to question charges that don't reflect the true condition of the unit, especially when you're leaving due to unresolved maintenance problems. In Washington State, landlords can only deduct from your security deposit for damage beyond normal wear and tear. If the carpets... View More

1 Answer | Asked in Domestic Violence and Real Estate Law for Washington on
Q: How to regain residence access after false DV restraining order in WA?

I own my home and continue to pay the mortgage, but a restraining order was placed against me due to a false domestic violence allegation. I attended the court hearing where this was issued, and there are no further hearings scheduled. The accuser has a history of domestic violence against me. How... View More

James L. Arrasmith
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answered on May 15, 2025

This is a painful and complicated situation, especially when you're being kept from your own home because of what you believe is a false accusation. In Washington, once a domestic violence protection order is issued, it can legally bar you from your own property—even if you're the owner... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Washington on
Q: Renting in Washington: Can I break my lease early or request rent reduction for removed features?

I'm renting a house in Washington State and I want to move out a month early because I bought a house. When I moved in, there was a decorative front yard fence and a carport, which are not specifically mentioned in my lease, but they were definitely there. Now, the landlord has removed both.... View More

James L. Arrasmith
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answered on May 15, 2025

In Washington State, landlords are required to maintain the premises in a condition that's consistent with what was presented at the start of the tenancy. If key features like a decorative fence and a carport were part of the appeal when you moved in—even if not listed in the lease—their... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Washington on
Q: Who is responsible for sewer line cleanout in my mobile home park due to clogs from wipes and tree roots?

In my mobile home park, I've experienced repeated sewer line clogs over the past few years. Previous clogs were caused by tenants flushing flushable wipes, according to the park manager. The latest clog was due to tree roots growing into the line. My lease does not specify responsibility for... View More

James L. Arrasmith
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answered on May 15, 2025

If your lease doesn’t clearly state who is responsible for sewer line maintenance, then general landlord-tenant rules apply. In most cases, the park owner is responsible for maintaining the main sewer lines and infrastructure that serve the mobile home lots. As a tenant, you’re usually only... View More

1 Answer | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Washington on
Q: What is the legal notice period for lease termination in Washington state?

I have a month-to-month lease agreement in Washington state with a provision stating either party must give 45 days notice for termination. The landlord intends to occupy the premises and has sent a 45-day termination notice. However, I recently learned state law might require a minimum 60-day... View More

James L. Arrasmith
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answered on May 15, 2025

In Washington state, when a landlord wishes to terminate a month-to-month tenancy so they or an immediate family member can move into the rental, state law requires **at least 90 days' written notice**, not 60 or 45. This applies regardless of what the lease says—state law overrides lease... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Washington on
Q: Options for lease issues due to misrepresented apartment in WA?

I applied for an apartment in Renton, WA on April 16, 2025. During the visit, I was shown a different unit and promised verbally that the unit I would receive was exactly like the one shown, although it was not available to view then. I was offered a $1000 discount if I applied that day, which is... View More

James L. Arrasmith
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answered on May 15, 2025

It’s completely reasonable to feel misled and frustrated, especially when what you were promised doesn’t match what you walked into. In Washington State, landlords are expected to act in good faith, and that includes accurately representing the condition of the rental unit. If you were shown a... View More

1 Answer | Asked in Construction Law, Civil Litigation and Real Estate Law for Washington on
Q: Can we take legal action against a roofing company for damages after warranty?

I am on the board of directors for a condominium with a roof installed in 2017. Since then, we have had ongoing issues, including multiple remediations in the attic spaces above units, costing us $4,000, without admitting responsibility from the roofing company. We discovered emails indicating... View More

James L. Arrasmith
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answered on May 15, 2025

Even though the labor warranty has expired, you may still have legal options, especially if you can prove the damage was due to negligence or faulty installation rather than normal wear and tear. The discovery of emails about rain exposure during the work and the absence of a permit could point to... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Washington on
Q: Can I recover my deposit for charges deemed as normal wear and tear?

I received my deposit and move-out charges in the mail on May 5th, sent by my landlord on April 30th. They charged me for paint scratches, thumbtack holes, lightbulb replacement, and a cleaning fee, even though I followed the move-out checklist. No receipts were included, just general charges and... View More

James L. Arrasmith
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answered on May 15, 2025

You’re not wrong to question these charges—many tenants run into this kind of situation. In most states, landlords are not allowed to deduct for normal wear and tear, and things like minor wall scuffs, small nail or thumbtack holes, and burnt-out lightbulbs usually fall under that category. If... View More

Q: HOA board member dealing with resident misconduct and potential legal harassment issues in WA.

I am on the Board of Directors of an HOA, which recently established a $50.00 nonrefundable fee for using the clubhouse for events. A resident, who frequently utilizes the clubhouse, is contesting this fee, citing financial hardship. This resident and their spouse have engaged in actions that may... View More

James L. Arrasmith
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answered on May 14, 2025

You can use the past two years of letters as evidence if they demonstrate a pattern of harassment—just collect and date each correspondence to show how their conduct has persisted. When you file for a protective order, the court will look at whether their repeated criticisms, threats, or invasive... View More

1 Answer | Asked in Construction Law, Small Claims and Real Estate Law for Washington on
Q: Seeking legal action for window damage discovered years after home construction.

In 2011, our custom-built home was completed, but we recently discovered drawings on the glass of two windows. One marking is on a small second-story window, and we noticed it in January 2023. We recently found similar markings on a large main-level window, which appear identical and possibly... View More

James L. Arrasmith
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answered on May 14, 2025

It’s deeply upsetting to discover possible damage years after your home was built, especially when the builder is no longer able to respond. The fact that the markings appear to be between the panes suggests this may have occurred during the manufacturing or installation process. While you... View More

1 Answer | Asked in Landlord - Tenant, Animal / Dog Law, Personal Injury and Real Estate Law for Washington on
Q: What legal steps can I take if my landlord broke into my room and my dog was lost?

I informed my landlord while at work that I would take my things out later. She agreed to instruct others to wait, but they did not comply; instead, they touched my belongings, broke into my room, and my dog was lost as a result. Many of my belongings are still missing, although the landlord claims... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re going through is heartbreaking, and you have every right to feel upset and violated. A landlord entering your room without permission, especially after agreeing to wait, may have broken the law—most states, including many local jurisdictions, require landlords to give reasonable... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Washington on
Q: What are our legal rights against eviction notice in Washington?

My boyfriend's sister bought him a house in 2019, and we have been covering the mortgage, repairs, and all bills associated with owning the home. We have a valid lease agreement. Recently, she had her attorney send us a typewritten notice saying we have until June 21st to vacate, although we... View More

James L. Arrasmith
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answered on May 14, 2025

You have legal rights as tenants in Washington, especially if you have a valid lease agreement and have been consistently paying the mortgage and maintaining the property. A typewritten letter from an attorney is not the same as an official eviction notice. In Washington, landlords must follow a... View More

Q: Wrongful termination and unemployment denial after K9 audit failure.

I was wrongfully terminated by my employer after a K9 did not pass an audit. The lead person took the dog from me, told me I was fired, blocked me out of the computer system, and refused to pay hours owed. Additionally, my unemployment claim has been denied. I did not receive any formal... View More

James L. Arrasmith
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answered on May 7, 2025

Your situation involves two distinct legal issues: wrongful termination and unemployment benefits denial. I'll address both and provide guidance on steps you can take.

Washington is an at-will employment state, which means employers can generally terminate employment for any reason,...
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