Must landlords change locks for new renters?

Q: I'm a renter who's very concerned about security. Does the law require landlords to change the locks between tenants?

A: That depends on where the property is located, explains attorney Christopher Benis, with Harrison Benis & Spence. "The City of Seattle has an ordinance that says the landlord must rekey or put new locks on any rental housing, but that's the only jurisdiction I'm aware of that has an absolute requirement." Further, Seattle rental properties must have deadbolts, and sliding glass doors must have a secure system (for example a pin through the frame) to keep them from being easily pried open.

Absent a local provision enacted by an individual town, requirements elsewhere in Washington are likely limited to what's in the state's Landlord Tenant Act. That act simply says landlords must provide reasonably adequate locks, so the issue becomes what's reasonably adequate. Benis thinks it includes rekeying. From a landlord's perspective, "you want to protect people, and obviously you could be liable if someone gets injured. But it's not just assaults; it's also theft issues," he says.

If you live outside Seattle and you're concerned about this issue, Benis suggests you ask your landlord if the locks have been rekeyed. If they have not, he suggests you tell the landlord that "by not rekeying them you're not providing reasonably adequate locks, as the law requires."

Q: Just months before I purchased my home a year ago, the former owner had a new roof installed and indicated on the disclosure statement that it had a five-year warranty. It's leaked continuously, the roofer says there is no warranty and the former owner has been unable to produce one. He's now moved out of state. Do I have any legal recourse against the seller or the listing agent?

A: If you were to sit down with a real estate attorney, like Bellevue's Greg Home, he'd ask you numerous questions before giving you an answer. That's because cases like yours are won or lost on specific facts. For starters what was the timeline? Did the new roof go on and the house sell when the weather was dry and thus the seller had no opportunity to learn that the roof leaked? If so, the seller didn't knowingly misrepresent and you have no case. However if the seller knew the roof leaked and tried to cover this up - and you could prove it - then you'd have a good chance of winning a lawsuit even if this person has left the state.

As for the roofer, Home would ask you two things. Did this roofer give other clients written warranties, and if so does the warranty terminate if the house is sold? Depending upon the answer you might get satisfaction there. Then there's the listing agent. Home says this person would only bear liability if he or she knew the roof leaked and withheld this information from you. And finally, there's one last possibility. If you had an inspection done, the inspector could bear some liability if you can show that the roof problem is something that he or she reasonably should have discovered.

All that said, "regardless of who may or may not be responsible, the homeowner has a responsibility to do what they can to fix the problem," Home states. "You can't just sit there and say my roof is leaking. Once you know it's damaged you have a responsibility to try to mitigate the damage as much as possible." Do otherwise and a judge may award you only a percentage of the total repair costs.

Q: We had work done by a contractor who told us he was bonded. He wasn't. He damaged our kitchen countertop so we took him to Small Claims Court and received a judgment. He hasn't paid so we've filed a lien on his home in Federal Way. How long is this lien good for, and do we have to place it back on his property if it continues to be unsatisfied?

A: According to Barbara Miner, deputy director in the King County Superior Court Clerk's Office, if you get a judgment in a lower court, like Small Claims, and want to place a lien on the other party's real estate you have two options. The one you choose determines the answer to your question. The first is to file your judgment in Superior Court. This places a lien on any piece of real estate owned by your contractor. This lien is good for 10 years from the date you entered the case in Small Claims Court, and it's renewable for another decade. The second way is to file a lien in the county recorder's office. According to Superintendent of Records Walt Washington, this lien can remain on the property indefinitely.

Home Forum answers readers' questions every Sunday in the Home/Real Estate section. Send questions to Home Forum, Seattle Times, P.O. Box 70, Seattle, WA 98111, or call 206-464-8510 to leave your questions on Home Forum's recorded line. The e-mail address is erhodes@seattletimes.com

Sorry, no personal replies.