Archive for Washington state

Eviction Checklist: What You Need to Know to Evict a Tenant in Washington State

Use this eviction checklist to evict a tenant in Washington State.

Are you a landlord who wants to evict a tenant? Use our eviction checklist to learn what you need to know to evict a tenant in Washington state. The first step is to know the tenant/landlord laws so you know what’s legal and illegal. Secondly, identify the legal reason for the eviction, and finally, you’re ready to prepare an eviction notice.

Understand State Law

Look up Washington’s official state statutes to find out what’s applicable in our state. Look for the Landlord and Tenant Act,. available from the Washington State Attorney’s office. You can also visit Landlordology’s website to get started. You’ll want to read up on how to handle security deposits, including pet deposits and damages to the house or unit. Understanding what is and isn’t allowed when collecting rent, giving notices, entering the unit, handling late fees and providing receipts are also important.

Read Up on Local Ordinances

Besides reading up on Washington’s tenant/landlord state laws, you must also become familiar with county and city ordinances. For instance, if your rental is in Seattle, visit the city’s City Hall website page at Seattle.gov.

Understand Valid Reasons for Eviction

You need a legal reason to evict a tenant in Washington state. You also need to give fair notice. Acts such as the tenant’s failure to pay rent, violating the lease, causing damage or creating safety hazards are just a few of the reasons you can evict a tenant. Money rashers says you can also evict a tenant if they stay after the lease expires. They recommend understanding state requirements on handling minor infractions and how much time you must give the tenant to correct infractions before pursuing an eviction.

Don’t Do These Things!

According to RentPrep, there are several things you cannot do legally to evict a tenant in Washington state, including changing the locks or moving the tenant’s belongings. RentPrep also says it is illegal to turn off the tenant’s utilities or make threats against them.

Prepare an Eviction Notice

Once you decide to evict a tenant in Washington state, you need to fill in a complete set of Washington state eviction forms in order to create the notice. We offer a kit that contains all forms required as well as additional forms and procedures for creating an eviction in the City of Seattle. Instructions are included, making this a relatively easy way to keep costs down while filling in and filing the paperwork yourself to start the eviction process. You can buy this kit as an instant download and use it immediately. Or order a print copy we’ll mail to you. The kit includes a Procedural Information Sheet that provides:

Landlord Storage of Personal Property of Tenant Information
Seattle Landlord – Tenant Laws & Washington State Regulations, with information for Tenants
Acknowledgement – Seattle Landlord-Tenant Laws
Notice to Pay Rent or Quit Premises
Notice to Conform to Obligations of Tenancy
Notice to Conform to Obligations of Tenancy – City of Seattle specific
Notice to Terminate Tenancy
Notice to Terminate Tenancy – City of Seattle specific
Case Assignment Designation
Case Information Sheet
Complaint for Unlawful Detainer (Residential)
Eviction Summons
Payment or Sworn Statement Requirement
Motion and Affidavit for Order to Show Cause
Order to Show Cause
Affidavit of Service
Plaintiff’s Motion and Declaration for Order of Default
Findings of Fact and Conclusions of Law; Judgment; and Order for Writ of Restitution
Writ of Restitution
Order of Default
Declaration re: Service Members Civil Relief Act
List of free legal clinics, if you need help filling out forms

This blog post is not offered as specific advice, which may only be provided by an attorney based upon each individual situation. To find an attorney, click here to visit our attorney referral page

Got a Pre-Nup? Strange Pre-Nup Clauses for Your Consideration!

Taking the time to write a pre-nup just makes sense.

Wedding bells are in the air! Seems like the perfect time to re-visit the world of strange pre-nups. Officially known as pre-marital property agreements, a pre-nup often covers more than who gets what if the marriage ends. Some even cover what happens while the marriage is ongoing!

No one wants to think about pre-nups in the rosy glow of love and bliss. And just because you want one doesn’t mean you think your marriage is headed for divorce before you even make it down the aisle. Even if you don’t have many assets today, a pre-nuptial can protect you down the road when you might be worth more and stand to lose a lot.

Here are a few interesting clauses to consider for your own pre-nup, courtesy of some famous celebrities who know the importance of protecting their assets.

Who Owns that Gift?

Diply, a social entertainment website, reports Britney Spears and Kevin Federline had a prenup that stated any gift of over $7,000 had to be accompanied by a legal document indicating who owned the gift. They aren’t the only ones to have this type of prenup. According to The Talko, an entertainment site geared for women, Kim and Kanye have a prenup that allows her to keep any gifts he gives her, even if the marriage fails.

Money for the Kids

Planning to have lots of kids together? WKYS 93.9 reports Beyonce and Jay Z have a prenup that says she gets $5 million for each child she gives birth to if they divorce. She’s up $15 million right now.

Money Per Year of Marriage

According to the Mirror, Katie Holmes convinced Tom Cruise to sign a pre-nup saying she would get paid $3 million for each year they were married. In the end, she received a total of $15 million for five years of marriage. Other celebrities include clauses that allow the other person to collect millions if they stay married for a specific length of time.

Adding a Cheating Clause

Being cheated on is no fun, so why not include a clause to make sure you pocket some money if your spouse cheats on you during the marriage? We’ve read about a few celebrity pre-nups where large sums of money were involved if one partner was caught cheating. Diply reports that Catherin Zeta-Jones gets $5 million if Michael Douglas cheats.

Use Paper

It’s a known fact that Amy Irving and Steven Spielberg made a prenup on a napkin. Guess what? A divorce court judge quickly threw that out as illegal, and Irving ended up getting half of Spielberg’s money in their divorce.

Appearance Stipulations

Want to control your spouse’s appearance during the marriage? Sounds harsh, but some celebrities include clauses in their pre-nups about their partner. For instance, how about Jessica Simpson’s purported nuptial from her husband that fines her if her weight goes above 135 pounds?

Dealing with In-Laws

Reader’s Digest described a prenup clause that said the mother-in-law was limited to joining the couple to just one night –– and no more –– on the couple’s vacations. Worried your spouse will be rude to your parents? Might be wise to include a clause that makes them pay every time they offend the in-laws.

Ready to make your own pre-nup? Instantly buy and download our Pre-Marital Property Settlement Kit/Pre-Nuptial Agreement by clicking here. You can also order a hard copy of the kit, and we’ll mail it to you.

This blog post is not offered as specific advice, which may only be provided by an attorney based upon each individual situation. To find an attorney, click here to visit our attorney referral page.

 

Need a Will? What You Need To Know to Write Your Will

Do you need a will? Find out if you need one, then get tips for writing your will.

Did you know…not everyone will need a will? If you have no relatives and don’t care if the state gets everything you own, you may not need a will. Or, if you have no assets or possessions or you’re okay with your closest relative (such as a parent or a sibling) inheriting everything you own, then you may not need a will in that situation, either. Even so, beware: states vary in how things are divvied up once you pass away.

That’s why taking the time to write a will is important if you want control over what happens to your assets, property and possessions. We offer a do-it-yourself will kit for Washington State that makes it super easy to write down your wishes. But before we get to that, let’s look at some of the basics.

What a Will Does and Doesn’t Cover

A will is a legal document that explains your wishes for distributing your property and assets. Some things aren’t established in a will, though. For instance, according to EstatePlanning.com, a service provided by The WealthCounsel Companies, if you name a beneficiary on your life insurance polity or retirement accounts, a will is not needed for that beneficiary to inherit the asset. But that also means you can’t name someone else to inherit this asset in your will, either.

Requirements for Creating a Will

You’ll need to be legally capable of creating a will, which is why witnesses are required (see below). You must also be 18 years of age or older to make a will. Once you create a will, you need to store it somewhere. If you want your loved ones to find your will, make sure to tell someone where to find it upon your death. If no one can find your will, the state will determine who inherits your property.

 Decide Who Inherits What

Decide who inherits your assets, property and possessions. Don’t forget digital assets. When filling out a will, use the recipient’s whole name, rather than identifying them as your wife or child, as this helps eliminate confusion, says Megan Leonhardt in an article written for Money magazine. She also recommends being very specific about assets, such as providing the address for property or writing down precise descriptions of personal property you plan to leave in your will.

RELATED: Click here to read our blog post about 5 things you need to know about digital assets.

 

Witnesses Required

According to a blog post by Redmond-based Pacific Northwest Law Group (PNWLG), your will must be signed in the presence of two or more witnesses. Otherwise, the will may not be valid. Holographic wills, which are written by hand and do not have witnesses), are not valid in Washington state, says PNWLG. But PNWLG says that if a holographic will was created in a state in which they’re allowed, then Washington state honors the will.

Why worry what will really happen when you can instantly download our do-it-yourself will kit, fill it in, get it witnessed by two people and you’re done? If you have questions or want to divvy up your assets in a way that requires more detailed planning, check out our lawyer referral listings.

Click here to buy an instant download of our DIY Will Kit. If you prefer, you can order a print copy, and we’ll mail the kit to you.

This blog post is not offered as specific advice, which may only be provided by an attorney based upon each individual situation. To find an attorney, click here to visit our attorney referral page.

 

Got Your Digital Assets Covered? Five Things You Need to Know

Keeping track of login information is critical to preeserving your digital assets for the future.

Are you on Facebook? Do you use PayPal? Are some of your financial or shopping accounts online? Do you post family or personal photos to your social media pages or to the cloud? If so, you own digital assets.

If you suddenly have an accident or become too ill to handle your own personal affairs, a power of attorney can step in to handle things for you. But they can only do so much if you do not have a plan to handle the digital assets. Without a plan, your family could be buried in red tape for months, if not years, leaving your affairs in shambles.

What happens to your digital assets once you pass away? You could be leaving money and assets on the table that simply can’t be accessed without an incredible amount of effort by your loved ones. Sometimes those assets are of an emotional value, such as personal emails and family photos, and could be lost forever.

 

Rather than leaving your family or estate executor with a huge mess, use these tips to make sure your digital assets don’t get lost in the cloud forever.

What are Digital Assets?

Digital assets consist of any online account or file you store on your computer, smartphone or in the cloud. These accounts and files often require login information consisting of a username and password. Sometimes security questions are asked to verify your identity.

Types of Digital Assets

Here are a few of the digital assets to consider:

  • Financial – bank, investment and PayPal accounts.
  • Utility accounts
  • Healthcare – including medical history, prescriptions and insurance information
  • Photos, music, videos, books, artwork
  • Domain names and website hosting accounts
  • Personal and business email and mailing addresses
  • Shopping accounts
  • Cell phone accounts
  • Social media pages
  • Databases related to collectibles

Gather Login Information

The first step you must take is to create a list of login information for all of your accounts. Make sure to include the website address of the account, your user name or account number, password and any security questions or PIN numbers, if required.

Store Login Information Securely

Keeping your login information secure is critical. The simplest way is to create a password-protected document on your computer (make sure you back it up, too).

Even better – use an online password manager such as Dashlane or LastPass. Both companies offer encrypted security protocols to keep all of your login information safe. This also allows you to change passwords and update accounts without having to provide your executor with a new copy of the information each and every time you make a change.

Prepare Legal Documents

After you go to all of the work to gather your login information, don’t forget to share the information with your Power of Attorney or estate executor in case you can’t manage your own affairs. Click here to download a DIY General and Durable Power of Attorney, good in the state of Washington. Click here to buy a Will Kit (State of Washington). Both kits are available as instant downloads, or buy the print version, and we’ll mail to you.

3 Tips To Help You and Your Spouse Talk to Your Kids About Divorce

talk to your kids about divorce

Like most parents, you hope to never need to talk to your kids about divorce. But divorce happens, and when it does, your kids need to understand the situation and how it affects them. Your kids may be more perceptive about what’s going on than you think, which makes the conversation all the more important. Follow these tips to talk to your kids about divorce and make sure they understand what’s going on and feel reassured about their future.

Explain Together

This is the time for you and your spouse to put aside your differences and make a statement together in front of your kids. Don’t fight with each other during this conversation, as the goal is to show your children that you can work together as parents. Also avoid the blame game or making negative comments about each other in front of your kids during this conversation, says Liana Lowenstein, MSW, a therapist who offers resources for families going through divorce. Click here to read her article, Explaining Separation/Divorce to Children.

Script It

Don’t improvise the conversation when you talk to your kids about divorce. Instead, decide what to say beforehand, and stick to the script. Start by understanding your child’s age group and what’s essential to them. Today’s Parent offers a thorough age by age guide worth a read before you create your script.

Gerald A. Falzone, a family law attorney, says there’s no need to pretend everything is fine during this conversation. He suggests keeping things simple and about facts. Get ideas about what to say in his article, Joint Custody: How to Talk With Your Kids About Divorce.

Basically, explain when the divorce will take place and which parent will be staying in the home and which one will be moving out. Talk to them about when they will see the other parent, according to your custody arrangement. This part of the conversation may come later than the initial announcement. Take a look at the example scripts offered at FamilyEducation.org.

Encourage Questions

Allow your kids to explain how they feel right after the announcement and in the days to follow. Encourage any questions they may have. Listen carefully to what they have to say, and if you don’t know the answer, tell them so. Acknowledge their feelings instead of pushing them away, as this leaves the door open for maintaining an open dialogue as the divorce progresses.

Related:

We sell do-it-yourself divorce/dissolution kits as well as legal separation kits, good in the state of Washington. These kits can be bought as an instant download, or you can order one, and we’ll mail it to you:

Divorce Forms Kit without Children (also known as Dissolution Kit without Children)

Divorce Forms Kit with Children (also known as Dissolution Kit with Children)

Legal Separation Kit, Non-Contested

 

Small Business: Resources for Handling the Legal Aspects of Your Company

Small business planning includes finding legal resources to help you stay on top of legalities.

Whether you’ve been in business 10 days or 10 years, staying on top of potential legal issues is key to successfully keeping your small business going. If you need to take hours, days or even weeks to handle legal issues you could have prevented in the first place, you could lose money and customers. Plus, the need to drop everything and find an attorney to handle an emergency can be very stressful.

Check out the following resources – each offers tips and links to information you need to stay on top of potential legal issues as well as finding the right attorney for your specific business needs.

Know the basics.

Finding out the legalities involved with your business and industry is better done sooner than later, especially to set up a business structure, handle personal liability issues, know industry regulations or hire employees. Start with “Important Legal Tips for Starting a Small Business” on the Staples website. The list is a good one for startups, but also can act as a reminder for established businesses on staying on top of basic legal issues before they become major. Learn the legal requirements for small businesses through the Small Business Administration’s free 30 minute course. If you don’t have time to watch the video, you can download the SBA Legal Requirements Checklist.

 Deal with vulnerabilities.

Avoiding legal problems in the first place starts with knowing where you are most vulnerable. Check out “7 Tips for Avoiding Small-Business Legal Potholes” by Intuit Quickbooks. This article offers 7 great tips related to staying out of legal trouble when it comes to employees, contracts and intellectual property.

Don’t wait.

Don’t wait until you’re desperate to find an attorney. Set aside time now to find a law firm to have on call when you run into legal challenges. Before you hire a firm, check out these “10 Questions to Ask Before Hiring a Small-Business Attorney” in Entrepreneur. You can also click here to read our blog post about questions to ask before you sign on the dotted line with a law firm.

Use specialists.

In “5 Legal Tips for Small Businesses and Startups,” Entrepreneur writer Eyal Lifshitz recommends hiring specialists. Besides a corporate attorney to help you set up the structure of your business, you might also need a patent or trademark attorney for your logo/company name or product. Perhaps you need a law firm that specializes in employee issues.
For a list of corporate law attorneys, see our referral list for law firms in Washington state.

 

 

 

Restore Gun Rights in Washington State: What to Know and How to Get Your Rights Back in Washington State

Do research and understand the law before you try to restore gun rights.

Maybe you made a bad choice when you were younger. Now you no longer have the right to own a firearm. You want to restore gun rights. But if you live in the state of Washington, according to Wash. Rev. Code §§ 9.41.040(1)(a), (2)(a)(i), 941.070(1)(a), you cannot possess a firearm or get a license to carry a concealed pistol if you were convicted of a serious offense.

Unfortunately, once you lose your gun rights, they are not automatically restored later on. Instead, now that you’re older –– and hopefully, wiser –– you may want to review your rights and take the necessary steps to restore gun rights. Below, we provide links featuring information about this topic. We also provide a link to the legal forms you need to restore your gun rights.

Learn about unlawful possession of firearms.
Visit the Washington State Legislature website, RCW 9.41.040, Unlawful possession of firearms—Ownership, possession by certain persons—Restoration of right to possess—Penalties. This page helps explain the different scenarios in which your gun rights might have been revoked and will also help you determine if your gun rights can be restored.

Learn about sealing a juvenile record.
If you lost your gun rights as a juvenile, visit the Washington State Legislature website, RCW 13.50.260, Sealing hearings—Sealing of records, to determine the requirements for getting your rights restored. We provide a do-it-yourself Juvenile Criminal Records Vacating Form/Juvenile Expungement Kit you can buy, download, complete and file with the court.

Find out if you’re eligible to regain your gun rights if you received mental health treatment.
Visit the Washington State Legislature website to review RCW 941.047 Restoration of Possession Rights. This page explains the law regarding restoring firearm rights if you were convicted or found not guilty by reason of insanity.

Download our Restore Firearm Legal Form to restore gun rights.
This is a do-it-yourself legal form kit most people can complete on their own to restore their gun rights. The kit includes instructions and all of the legal forms you need to petition the court to restore your right to own a firearm. Choose from an instant downloadable PDF, or we can mail you a hard copy of the kit.

 

 

Digital Assets and Estate Planning: Have You Updated Your Estate Plan?

Your digital assets could have economic or sentimental value

Outlining what is to be done with your digital assets can save frustration, heartache and lots of red tape for family, friends and representatives who need to handle your affairs. Otherwise, your family or executor may spend countless hours and still not be able to track down all of these assets.

Why should you include digital assets? First, digital assets could have economic or sentimental value. Secondly, if they cannot be tracked down, they may be lost forever. An article in MarketWatch suggests your estate could even be put at risk for fraud or hacking due to lost accounts.

Not sure if you have digital assets? Do you have email? A PayPal account? Online banking or shopping accounts? Online photos of family or friends? Social media pages? Do you back up your phone or computer data to the cloud? Do you get paperless bills? If you answered yes to any of these, you have digital assets.

How do you protect your digital assets in the event you can’t manage them on your own, such as through illness or death? Consider these tips:

Create a list of all of your digital assets.
Include information on how to access the account (such as providing a website address). Provide your login information, including username and password. Add any secret words or answers to security questions that may be required to verify the account. If an account requires two-factor authentication, provide the cell phone number and how to access the phone so your executor can receive the text message on that device to get into the account.

Update your Power of Attorney,
Updating your Power of Attorney gives that person power to manage your digital assets if you become incapacitated. We found the following language samples others have added to their Power of Attorney documents at http://www.thedigitalbeyond.com/sample-language. You can add this information to our do-it-yourself General and Durable Power of Attorney Legal Form Kit as an instant download from our website. An estate planning attorney can also help you add the right wording to your Power of Attorney.

Add language about digital assets to your will.
We offer a do-it-yourself Will Forms Kit to which you can add a statements saying your attorney or executor has power to manage digital assets. Also, you may want to outline which assets go to which person. Including instructions on how to close your online assets or let your social media acquaintances know what’s going on could also be included. Click here for a sample of language you can use in your will to give an executor power to handle your assets. An attorney can also help set up a will that thoroughly covers digital assets.

 

DIY Legal Forms/Kits: 6 Tips for Using Legal Kits and Forms

DIY legal forms/kits make it easy to create and file certain types of legal documents.

Completing DIY legal forms/kits can save you thousands of dollars in attorney fees. We offer do-it-yourself legal forms for filing documents in the State of Washington. But we also offer a long list of attorneys in Washington state who can handle your legal matters. Why do we offer both?

Some situations require an experienced attorney who knows how to handle your situation, knows how to work the courts and can get the job done accurately. Otherwise, mistakes could be made that cause even bigger problems down the road.

But there are times when you can likely fill out and file DIY legal forms/kits on your own. Here are some of the advantages of using DIY legal forms/kits to solve a legal issue:

Save legal fees.

If you cannot afford to pay an attorney hundreds or even thousand of dollars or want to save $$, paying a modest fee for a form you fill in and file yourself can help keep your budget intact. Another option is to find free legal resources such as those mentioned in our recent blog post about resources available for civil legal problems in Washington state.

Handle matters faster.

Sometimes you need to act fast. Completing the form yourself can save time since you won’t need to wait for an attorney to find a spot in their schedule to meet with you and then handle the project.

Reduce an attorney’s time.

Filling out a legal form ahead of your meeting with an attorney could save you hours of the their billable time, resulting in a huge cost savings. If you feel unsure about how you filled out the form, always rely on an attorney’s expertise to finalize the job–you’ll still save money and have the satisfaction of knowing your forms are correct.

Helps you get organized.

Even if you plan to meet with an attorney, filling out the forms to the best of your abilities ahead of the meeting helps you organize your thoughts about your legal matter. You may also discover you need to bring other documents to the meeting with your attorney. This saves time having to send them separately or setting up another meeting to deliver everything.

Sometimes hiring an attorney is overkill.

Simple tasks such as filling in a straightforward will, power of attorney, health care directive or eviction notice requires little to no legal experience. If you find yourself questioning the form, though, consulting an attorney makes sense.

Download current forms from trusted websites.

One of the advantages of using our do-it-yourself legal kits and forms is because they’re up-to-date with current requirements mandated by Washington state judicial authorities. We stay on top of that, in part, thanks to our office located in the King County Court House in Seattle.

Our forms are available as instant downloads so you can start using them immediately. Or you can also order a printed version, and we’ll mail it to you within one to two business days. Visit doityourselflegalkits.com to see a list of available kits.

Tenant Rights Vs. Landlord Rights: Resources to Help Both Sides Know Their Rights

Know the tenant rights and landlord rights to avoid problems.

A lawsuit filed by the Rental Housing Association against capping move-in fees in Seattle is just the latest to cause friction between tenant rights and landlord rights. No matter which side of the law you fall on regarding the new requirement that landlords must offer installment plans to allow tenants to pay deposits and other fees, both renters and landlords have rights. Understanding what you can and cannot do, whether you’re renting your abode or leasing it to someone, starts knowing and protecting your rights.

Resources For Landlords

Becoming a landlord, whether you have a single rental unit or several buildings of units, requires knowing the laws in the Residential Landlord-Tenant Act. A simplified version is also provided as a free download by the Washington State Bar Association.

If your rentals are located in Seattle, you must also become familiar with the codes outlined by the Seattle Department of Construction & Inspections. (SDCI). Local building ordinances may also apply, so check with the city in which the rental is located.

While tenants have rights, they are also expected to fulfill certain obligations. Get more information by downloading the free Code Compliance Guidelines provided by the SDCI. This document also outlines the records a property owner should keep to support a termination of a tenant. You’ll also get a list of groups that can provide information to rental property owners.

You may want to consider joining the Rental Housing Association. According to a recent KOMO News article, this organization represents 5,400 rental housing landlords across Washington state. Of those members, 4,000 own units in Seattle with 88 percent owning less than four rental units.

If you need to evict a tenant, we offer a do-it-yourself Eviction Notice, available for purchase by visiting Do It Yourself Legal Kits. If you need to hire an attorney to help you with a tenant problem, see our list of law firms.

Resources For Tenants

Start by reading our blog post about the rights of tenants in Washington state. Washington Law Help also provides low-income individuals with legal problems related to tenant rights. Download their free publication titled Your Rights As a Tenant in Washington State. The Washington State Bar Association also offers a condensed version.

You can also review the Washington State Legislature’s Residential Landlord Tenant Act to read the law on a variety of topics, including:

The City of Settle Department of Planning and Development offers a useful guide you can print, complete and give to your building manager to report items needing repair. Click here to view the form.

Download Seattle Laws on Property Owner and Tenant’s Rights and Responsibilities. The last few pages of this document include a list of groups that can help you with tenant rights. For instance, Neighborhood Legal Clinics are mentioned as a resource for a free legal consultation. This organization helps people with civil matters only. Read our blog post for more information about Neighborhood Legal Clinics.

Check out the Tenants Union of Washington, a public service based in Seattle that helps with tenant rights. According to their Facebook page, they help improve tenants’ living conditions and fight unjust housing policies.

If you need to hire an attorney to help you with a landlord problem, see our list of law firms.