WA Bar Washington Property Law 2 — Questions and Answers
Question 1: Under Washington's Residential Landlord-Tenant Act, what remedy is available to a tenant when a landlord fails to make essential repairs after proper notice?
- The tenant may immediately withhold all rent
- The tenant may repair and deduct up to one month's rent after proper notice (Correct answer)
- The tenant must sue in superior court before any remedy is available
- The tenant may only seek damages after vacating
Correct answer: The tenant may repair and deduct up to one month's rent after proper notice
RCW 59.18.100 allows a Washington tenant to repair defects and deduct the cost from rent, up to one month's rent, after giving the landlord at least 10 days' written notice.
Question 2: In Washington, what is the effect of a deed that conveys property to 'A and B' without specifying the type of co-tenancy?
- Creates a joint tenancy by default
- Creates a tenancy by the entirety
- Creates a tenancy in common by default (Correct answer)
- Creates a community property interest
Correct answer: Creates a tenancy in common by default
Under RCW 64.28.010, Washington presumes a tenancy in common when property is conveyed to two or more persons without express language creating a joint tenancy.
Question 3: Washington's Uniform Common Interest Ownership Act primarily governs which type of property?
- Agricultural co-ops
- Condominiums and homeowner associations (Correct answer)
- Commercial office parks
- Public housing developments
Correct answer: Condominiums and homeowner associations
Washington's Condominium Act (RCW 64.34) and Homeowners' Association Act (RCW 64.38) govern condominiums and planned communities, including unit owners' rights and HOA powers.
Question 4: Under Washington property law, which type of deed provides the grantor's strongest covenants of title?
- Quitclaim deed
- Bargain and sale deed
- Statutory warranty deed (Correct answer)
- Special warranty deed
Correct answer: Statutory warranty deed
A statutory warranty deed under RCW 64.04.030 provides the broadest covenants, warranting title against all defects whether arising before or during the grantor's ownership.
Question 5: Under Washington's doctrine of implied dedication, a private landowner may lose the right to exclude the public if:
- The land has been open to the public for 7 years
- The owner manifests intent to dedicate and the public accepts through use (Correct answer)
- The county records a plat showing the land as public
- The owner verbally grants permission for 10 years
Correct answer: The owner manifests intent to dedicate and the public accepts through use
An implied dedication in Washington requires clear evidence that the owner intended to offer the land for public use and that the public accepted the dedication through actual use.
Question 6: In Washington, what is the effect of a valid lis pendens recorded against real property?
- It transfers title to the plaintiff
- It prevents any further transfer of the property
- It provides constructive notice to subsequent purchasers of the pending litigation (Correct answer)
- It creates a lien on the property equal to the claimed damages
Correct answer: It provides constructive notice to subsequent purchasers of the pending litigation
A Washington lis pendens (notice of pendency of action) under RCW 4.28.320 gives constructive notice that the property is subject to a pending court action, binding subsequent purchasers.
WA Bar Washington Property Law 2
Under Washington's Residential Landlord-Tenant Act, what remedy is available to a tenant when a landlord fails to make essential repairs after proper notice?