The Washington State Supreme Court decision Whatcom County v. Hirst, 186 Wash.2d 648, 381 P.3d 1 (2016) set off years of uncertainty for rural and suburban development in Whatcom County. Most of Whatcom County is in the Nooksack River watershed (“WRIA 1”). You can find out if your property is in WRIA 1 or a…

Catch Carmichael Clark’s Attorney, Lisa Keeler and Michael Heatherly, from Law Advocates, on Bellingham Tonight to find out what is happening with the law and courts during COVID-19.  They discuss how to legally navigate through this time and the effect the pandemic has had on our legal system. https://www.youtube.com/watch? list=PLI_OFdCv7R112kCSGbZLNp4VsSPnlriry&time _continue=985&v=jXQK0NrbWYo&feature =emb_logo. Make sure to…

Residential landlords can request various fees or deposits from a potential tenant, including fees for obtaining a background check and a deposit to hold a unit. Under Washington’s residential landlord-tenant act, a residential landlord has certain duties regarding deposits. The following is an overview of deposits and information that landlords should be aware of when…

Chong Yim v. City of Seattle, –Wn.2d–, 451 P.3d 675 (2019), also called Yim I, made headlines for its holding that Seattle’s first-in-time rule, which required landlords to rent to the first qualified applicant, was not facially unconstitutional. But it also made a huge change to Washington regulatory takings law by adopting the federal definition of regulatory takings…

Unfortunately, in the early 1900s, racially restrictive covenants were recorded against properties. This happened even in Washington. Whatcom County was not immune from this behavior. Some covenants would single out particular races of people that were excluded from owning or occupying the property. Others would limit ownership or occupation to one particular race. Sometimes, restrictions…

The City of Bellingham’s new short-term rental (“STR”) ordinance became effective on May 5, 2019. BMC 20.10.037. It places restrictions on the rental of rooms, accessory dwelling units, and homes on sites like Airbnb and VRBO. The City has created a helpful website describing the new regulations. All owners of STRs will need to obtain…

When a commercial tenant breaches their lease one too many times, the landlord may decide to terminate the lease and evict the tenant. Commercial evictions are very similar to residential evictions. The landlord must comply with the terms of the lease and the applicable law to evict the tenant. Before a landlord can evict a…

When a single individual purchases real estate in “fee simple,” which is outright ownership of the land, they hold a 100% interest in the property. When more than one person owns property together, a “tenancy” situation is created. “Tenancy” here does not mean how it is most commonly used today; no one is renting property…

All real property conveyances in Washington must be done by written deed. RCW 64.04.010. Deeds often appear simple but are actually densely packed with important information. When conveying real property, we always recommend working with a title company or attorney because even the slightest error can have significant consequences. What are the different kinds of…

The Washington Uniform Common Interest Community Act (WUCIOA) became effective on July 1, 2018. It is codified at Chapter 64.90 RCW. This statute implements new rules for common interest communities, including condominiums, planned communities, and co-ops formed on or after its effective date. Many of its provisions may not be waived by formation documents and…