The State of Washington imposes a real estate excise tax (REET) on the sale of real property. For many years, the REET was assessed at a flat rate of 1.28% at the state level, and local governments could also tax…
Read MoreA significant term in most commercial leases is the right or obligation of landlord or tenant to remodel the leased premises during the lease term. When negotiating and drafting such a lease provision, it is important to address: (a) which…
Read MoreThe Washington Court of Appeals recently issued its opinion in Rowe vs. Klein, which teaches that sellers of property in Washington should exercise caution before agreeing to give a deed with warranties of title, such as a statutory warranty deed.…
Read MoreThis post follows up on a prior article addressing the myriad issues that can occur when a retail tenant abandons the premises before the expiration of the lease term: When A Retail Tenant Goes Dark – Part One. This is a growing…
Read MoreAs craft breweries often merge retail and industrial leasing concepts, they face a unique set of legal issues when negotiating a commercial lease agreement for their production facility and/or tasting room. License/Permit Contingencies and Permitted Use Provisions are Critical First…
Read MoreDebt Acceleration Generally Commercial and residential loan documents typically give the lender the option of accelerating the debt following an event of default. In other words, if the borrower fails to pay, or if some other event of default occurs,…
Read MoreIn a commercial lease setting, in addition to the monthly rental payment, the tenant is often obligated under the lease agreement to reimburse the landlord for the tenant’s “Pro Rata Share” of certain “Operating Expenses” (sometimes called Common Area Maintenance…
Read MoreA properly structured sublease can be a prudent strategy in a commercial lease transaction. However, if poorly drafted, a sublease can unnecessarily expose all three parties (the landlord, tenant and subtenant) to unforeseen liabilities and risks.
Read MoreEffective January 15, 2017, Seattle residential landlords must comply with a host of new rules relating to the move-in fees they charge to tenants. This is the latest of several measures implemented under the recommendation of the Seattle Housing Affordability…
Read MoreThe Seattle City Council has passed a new housing ordinance, which requires residential landlords to screen rental applications in chronological order and award the lease to the first eligible applicant. Failure to abide by the “first-in-time” policy can be deemed an…
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