Renting Real Estate Without Owner's Consent. Is this Contract fraud?

What kind of rental agreement could you possibly have to rent a property without the owner’s permission? 

Is it always fraudulent and deceptive to rent a property if you don't own it and don't have the owner's permission?   Doubtless fraud is usually involved in instances where a person rents real estate without the consent of the owner.  However, in the situation of demonstrable owner abandonment, renting out real of estate that you don't own, can be neither fraudulent nor deceptive.  What gives someone that right? -the owner's abandonment.

I target 'abandoned' real estate. When abandonment is established, I occupy, and subsequently rent out real property which has been abandoned by its owner.  I rent properties only where the owner’s prior abandonment can be established by clear, cogent and convincing evidence. In each case, the owner of record can be shown to have made no use of the property for several years, made no payments on mortgage, liens, or property taxes, done no maintenance, and the recorded owner has failed to maintain contact information with the county assessor, and failed to respond to multiple efforts to contact him/her at last known addresses, phone numbers, email accounts, etc..

 My written agreements to rent out these 'abandoned' parcels contain no false or deceptive statements. Each rental agreement specifies who the owner of record is, along with the Deed Type, the Recording #, and the date of the Deed that gives the owner title. My rental agreements go on to state that the owner is currently absent and out of contact and, in the event the owner returns, he/she may cancel the rental agreement within 30 days.[1] I do only month to month rentals.

           To Abandon Real Property in the Legal Sense, Means Intentionally Giving Up All Interest In It.

"Abandoned" as used in this post, and as defined by U.S. courts, means the owner has intentionally given up ALL his/her interest in the property.  The key issue for those who take possession of "abandoned" real estate, is whether you (as the new possessor) can prove to a Court's satisfaction that the owner intentionally and completely abandoned their property?  

It is a matter of law in Washington State (and around the country) that a person in possession of property previously "abandoned" has no duty to the former owner.  

In WA State, abandonment can be established either explicitly, -as in when an owner expressly states he/she is giving up all interest in the property (in front of other people, in writing, on video etc.); or abandonment can be established implicitly.  Implicit abandonment occurs, when the known facts would lead a reasonable person to conclude that the owner has given up all his/her interest in the property.   

Here is simple everyday example of the difference between express and implicit abandonment.  The owner of a working television decides places it along side the public street in front of his or her house, with a sign taped on it that reads "FREE".  That owner has simply, but expressly abandoned, all his or her interest in the TV.  Our court's will not subsequently prosecute someone for theft if they take that TV home and use it as their own.   The same TV can be shown to have been implicitly abandoned, when the owner places the TV beside his or her garbage can, along the public street, on garbage collection day, even if the owner tapes no sign at all to the TV.  Putting property out with the garbage is implicit abandonment.  Again, our court's will not subsequently prosecute a person for theft, if they pick up the implicitly abandoned TV and use it as their own.

The same principles apply to real estate.  An owner can express orally or in writing that he/she is intentionally giving up all his/her interest in real property, or the owner can implicitly abandon real property by the things he/she does and fails to do.  Thereafter, any person who enters, occupies, or even rents out the Abandoned Property, does not violate the owner who has intentionally 'abandoned' all of his or her interest in the property.  Both Federal and State courts decline to protect the interests of a person who intentionally abandons their property -whether Real or personal.  The law of 'Abandonment' relies upon the former owner's intent to give up all of his/her interest in the property. 

 

There is no Trespass at Abandoned Property

Simply put, there can be no trespass or theft against someone who intentionally gave up all their interest in a property.  A person who enters an 'abandoned' building does not need a contract with, nor even the permission of the owner on the title -if that owner has expressly or implicitly given up all their interest in the property.  The non-owning possessor of the property may be required to establish facts sufficient that reasonable persons would conclude the recorded owner has "abandoned" all his or her interest in the property.  Once, abandonment is established, there is no need for deception or fraud in possessing or renting out the "abandoned" property.  For a fuller discussion the controlling (Washington State) statute and legal principles governing abandoned real estate, see my last blog post, “There’s No Trespass @ Abandoned Property” https://www.biggerpockets.com/member-blogs/12388/86745-there-s-no-trespass-at-abandoned-property


Taking over an abandoned property provides no title interest, but it does give one a legally cognizable beneficial interest in possessing the abandoned property.  Instead of claiming ownership of the property, my rental agreements specify that I have obtained a beneficial interest (non-title) in the property.  Mere possession of a property is recognized as a rebuttable right to use the property.  There is a WA Statute that specifically provides an exception to criminal trespass at a property which has been abandoned. RCW 9A.52.090 (1)


The key is to be able to establish facts sufficient to convince reasonable persons that the recorded owner has abandoned the property.  Then, renting Real Estate without the owner's consent can be done without fraud.  Once abandonment can be shown, there is no reason to make false statements in the rental agreement I provide to tenants.

Higher Scrutiny Requires Scrupulous Honesty  

Any person who is renting abandoned real estate is likely to eventually be questioned by authorities, especially after publishing a blog!  A squatter’s use of real property that is titled to another person is an activity which will receive a high level of scrutiny from authorities. There must be no fraud. There can be no deception. These rentals must be honest and accurate.

Consumer Protection -a Broader Concern.  Is it Unfair? or  is it Just Unfamiliar?

A local WA State Attorney, Annie Fitzsimmons, has identified another area of concern in her opinion discussed in my previous blog post. https://www.biggerpockets.com/member-blogs/12388/86745-there-s-no-trespass-at-abandoned-property
The State could sue me under the Consumer Protection Act (The US and every State have adopted similar Consumer Protection Laws). Washington's Consumer Protection Act states, “…[U]nfair… acts … in the conduct of … commerce are hereby declared unlawful.” https://app.leg.wa.gov/RCW/default.aspx?cite=19.86.020 

Naturally, the WA. Consumer Protection Statute does not define "unfair". The State’s interpretation of the term “unfair”, can be much the same as my children's interpretation of "unfair".  To children, an act is "unfair" if it is unusual and they don’t like it.  My conduct of taking over real estate that has been abandoned by the owner, as reported in this blog, is certainly unusual.  It is probable that state and local authorities won’t like it.  Whether, the State will attempt to use the Washington Consumer Protection Act against someone like me remains to be seen.  I expect it would be quite difficult for the state to establish I'm being "unfair" to an owner while complying fully with the statutes governing abandoned real property.  The State could also claim that renting abandoned real estate is unfair to my tenant.

So here is a look at the rental agreement that I use. Decide for yourself whether it is unfair, deceptive, or fraudulent.  Only the first few paragraphs of the rental agreement is likely to be relevant to questions of whether it is fraudulent, deceitful, or unfair.  Still, my typical Rental Agreement for renting abandoned Real Estate, is included in its entirety.  There is nothing to hide.

                    _________________________________________

Rental Agreement, Real Property, Month to Month

                      123 Any Street, Thurston Co. WA

This real property rental agreement is between Mr. Davido, the Landlord, and Good Person, the Tenant.  By this agreement Landlord, Davido, agrees to rent to Tenant, Good Person, the property located at 123 Any Street, Thurston County WA 985XX.

• Owner: The owner of this property is, Owner Is Gone, as is established in a Statutory Warranty Deed recorded in assessor’s file #XXXX on Day Certain/Month Certain/Year Certain. During the term of this agreement, Mr/Ms. Owner Gone, will not reside at the property. Owner Gone, has been absent from the property for an extended period of time. Mr./Ms. Owner Gone, is not currently contactable through his/her; address, phone and email contacts of record. It is not presently known when Owner Gone intends to resume his/her use of the property. The parties to this agreement understand that this agreement may be terminated by Owner Is Gone or by either Landlord, Davido or by Tenant, Good Person, with 30 days notice in the event that Owner Gone decides to change the use of the property. 

• Landlord: For the duration of this agreement, Mr. Davido shall be the landlord.  Mr. Davido has obtained beneficial interest in and possessory rights to use this property under RCW 9A.52.090 (1). References to “Landlord” as used in this agreement, shall mean Mr. Davido. (WA Driver’s License # David***XXXXX) [photocopy provided].

• Renter: Mr/Ms. Good Person, is an adult person. References to “Renter” in this agreement shall mean Mr/Ms. Good Person. (State ID # PERSOGB XXXXXXX) [photocopy required].

• Term of Agreement: This agreement will begin on Day Certain/Month Certain/Year Certain and continue from month to month until terminated by either party. It is the present intent of both parties that this agreement will continue for six months or more. The parties therefore mutually agree to pay an early termination fee of $50 per month or part thereof, if either party decides to terminate this agreement prior to six calendar months from the start date, except that neither party shall pay an early termination fee when there has been a violation of this agreement by the other party. At the end of this agreement, Renter agrees to peacefully surrender and return to owner the property rented in as good, clean and orderly a condition as when renter took possession, less normal usage, wear and tear.

• Rent and Due Date: The rent shall be $300, plus utilities, paid monthly ($300 monthly rent is typical for a vacant lot with utilities or for lot with a derelict residence in need of repair).  Renter agrees to pay rent and utilities in advance on or before the 1st business day of each month, unless the parties agree in writing to a different due date. When rent starts on a date other than the 1st day of the month, a full month's rent and utilities shall be due prior to occupancy, then renter’s second rent payment shall be reduced (prorated) to the first day of the next month. Rent thereafter becomes due on the first business day of every month until this agreement is terminated by one of the parties. All rents, utilities and other costs are prorated on a 30 day per month basis.

• Description of the Property Rented – The property rented is a lot, commonly known as 123 Any Street, located in Thurston County, WA. and generally described as a (Stated Shape) which is approximately (XX) Feet Wide by (XX) Feet Long. The property rented shall be renter’s domain for his/her exclusive use, enjoyment, and/or for the storage of, maintenance of, and/or parking of a maximum of one (1) personal vehicle per renter and a maximum of one (1) recreational vehicle on the property. The space rented may be planted, decorated, improved, or fenced by renter at renter’s own expense -except that no trees or shrubs taller than six (6’) feet may be removed without Landlord's written permission.

• Security Deposit: A refundable Security Deposit of $300 will be held until the end of this agreement. The security deposit is held to cover failures to pay rent and to cover the costs of removal of tenant’s property or garbage, and to cover damage caused by renter through negligence, recklessness or intent. Renter’s security deposit shall be returned within 21 days after this rental agreement is terminated, less any past due rents, and less the costs of removing renter’s property or garbage, and less the costs of repairing any property damaged by renter. Renter’s security deposit may only be used as payment for rent or other charges due, in the event this rental agreement is terminated. Landlord’s recovery of damages, if any, is not limited to the amount of the security deposit.

• Move in Costs: $650 is due at time of move in ($300 rent + $50 utilities + $300 security deposit).

• Utilities to be Paid Monthly: Renter agrees to prepay utilities monthly on the first business day of each month, along with her rent. Renter's move-in utility payment will be $50. Thereafter, renter’s utilities will be the actual cost of electricity used by renter during the previous month together the remaining property utility costs (garbage collection, water service, and septic service). The utilities on this property, electricity, garbage collection, water, and septic are paid by the user(s). In addition to paying for his/her own electrical use, the utility costs paid by renter shall include the other utility services provided on the property -which is currently the following amounts; garbage collection ($XX.xx), water ($XX.xx), and septic services ($X.xx).

• Payment Methods: Renter agrees to pay Landlord via the online payment service (Landlord’s Choice). Payments of rent and any other amounts due under this agreement must be received by owner’s Landlord’s Choice Account on or before the date due. (Landlord’s Choice) accounts are free and can be opened instantly online through an internet web browser or with a phone app. In order to fund a Landlord’s Choice account, new users typically connect their Landlord’s Choice account to their local bank, and that requires two to three days for account verification. To pay your rent with (Landlord’s Choice), create and/or login to your (Landlord’s Choice) account online or via smartphone by going to www.Landlord’sChoice.com . On the mobile app click on the 'Send" button in the taskbar at the bottom of the page and enter Landlord’s mobile phone # 360 xxx-xxxx or email address Davido@hotmail.com (note that my email address requires an underscore _ after “Davido”).

• Initial Payment Received: Landlord acknowledges receiving payment of $___________ in total rent and deposit(s) on the (Date Certain) of (Month Certain) (Year Certain). Of that amount, $300 is the first month property rent, $300.00 constitutes renter’s combined security/damage deposit, and $50 is Renter’s first month of prepaid utilities.

• No Habitability in Existing Structures: Landlord and Renter mutually agree that existing structures, if any, on this property are NOT HABITABLE. This rental agreement is for Renter’s use and enjoyment of the lot only, and for the parking of one personal vehicle per renter and for the parking of a maximum of one Recreational Vehicle on the property, and for storage of renter’s personal property to the extent renter’s property can be fully enclosed within a structure. Renter agrees that, prior to occupying any structure on this property (whether the structure is currently existing or created during the term of this agreement), renter will be responsible to bring the structure into compliance with local building codes.

• Rent May be Reduced when Renter Buys Materials for Agreed Improvements: Renter(s) are encouraged to improve the property by their own labor. Improvements to the property made by the Renter(s), if done with prior written agreement of the Landlord, shall be supported by Landlord. Renter(s) may use (75%) of future monthly rent to pay for the materials required to construct any mutually agreed-upon improvements, provided that renter provides a copy (via text or email), of Renter’s purchase receipt, on the day of purchase, for all materials purchased for improvements. Unless otherwise agreed to in writing, the amount of rent reducible by renter when purchasing materials for property improvements shall be limited to (75%) of the renter’s monthly rent. The cost of materials purchased for property or yard improvements that exceed (75%) of the renter’s monthly rent shall carry over, and may be used to reduce the cost of rent in any future month -subject to the maximum limit of (75%) of the monthly rent due. Owner will maintain a spreadsheet of renter’s materials purchased and rent reductions applied and provide renters with an updated copy of the spreadsheet on or about the 1st day of each month.

• Condition of the Rented Property: Renter agrees to return the property to Landlord in substantially the same condition as it is now. Renter acknowledges that on the date this agreement is signed;
• The lot being rented is cleared of brush and all tree limbs are pruned above head height, -except limbs on trees along the property line.
• The lot is covered in grass. There are no bare spots other than for structures, driveway and sidewalk.
• The grass is uniformly mowed to less than 3” height.
• The structures (describe each) are externally sound with no holes in walls or foundation and no windows broken or unsecured doors.
• The lot is free of garbage, trash, debris.
• There is no personal property on the lot belonging to landlord or anyone else.
• There are no automotive vehicles of any kind on the property.

• Power and Water Available: Currently a 3/4” fresh well water spigot for washing vehicles, renter(s) RV, and other personal property. In addition, landlord has provided a (50) Amp (240) Volt electrical power outlet for winter freeze protection, at the site -along with a 4” septic drain port within (30’) of the power outlet. (100) Amp, 240-volt power is available at (location of Subpanel).

• Landlord May Maintain a Real Estate Sign: Renter and landlord mutually agree that Landlord may maintain, and renter shall not remove or obscure from view, a code-compliant sign, visible from the public street, at the (SE) corner of the lot. The purpose of this sign shall be to advertise to the Absent Owner and to the public, Landlord’s ongoing beneficial use of the property. The sign shall be no larger than 2’H x 3’W and shall be installed and maintained by the landlord.

• Ending the Rental Agreement. This agreement may be terminated by either party with written notice given twenty days or more preceding the end of any of the period of tenancy as required by Washington law. See RCW 59.18.200. http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.200 A party who fails to give the notice of their intent to terminate this agreement at least 20 days before rent is next due, may terminate this agreement by providing thirty days’ notice.

• Written Notice: Any notice required by this agreement may be made by U.S. Mail, hand delivered the letter, text notice, or email notice, each of which shall constitute written notice by either party regarding any portion of this agreement, provided that a return text, email, or other written acknowledgment must be made which expressly acknowledges receipt of the other party’s notice.

Landlord’s Cell phone # for texting or calling Landlord is: (360) XXX-XXXX

Landlord’s email address is: [email protected] - for emailing owner (Please note the _ underscore).

Landlord’s mailing address shall be: Mr Davido, (landlord’s address of record)

Renter’s Cell phone # for texting or calling renter is; (XXX) XXX-XXXX

Renter’s email address is; [email protected] .

Renter’s mailing address shall be: Good Person at; 123 Any Street, Thurston County WA 985XX.

Rights of the Renter: Renter shall have private use and enjoyment of the lot rented provided that the only person(s) entitled to use of the rented space is Good Person and his/her occasional guest or guests.

Renter’s Guests: Guests of the renter are welcome on the property. Renters are encouraged to invite guests under the following conditions:

Overnight guests -Renter may have occasional adult guest(s) stay overnight at the property. For the purposes of this agreement the phrase, “Occasional adult guests” shall mean a maximum of four overnight guest stays per month, and adult shall mean a person of at least 18 years of age. Generally, no minors are permitted to stay overnight. Overnight guests who are minors and overnight guest visits of more than 4 nights per month, shall be permitted only if the renter receives prior written permission from the owner. Use of the space rented by any person other than renter for more than 7 days per month, unless preapproved by owner, shall constitute a breach of this agreement and may result in either; termination of this agreement, or a $100 per month increase in the amount of the rent -at the owner discretion.

Number of guests must be limited. Renter shall not invite nor permit more than 4 guests on the property at a time, unless renter receives prior written permission from owner, via text, email or letter.

Renter must be present on the property while his/her guests are there. This property is primarily for the use and enjoyment of the person(s) renting the property. Unless the renter has invited his or her guest(s) to stay overnight, renter shall always be present while his/her guests are on the property. If renter leaves the property or if renter is not present when guests arrive, his/her guests must leave the property. During overnight visits, renter and his/her guests must observe must limit their noise levels so as not to disturb neighbors.

Guest Parking -Renter’s guests may park an additional vehicle(s) during guest visits within the lot rented, or, where not prohibited by law, on the public road adjacent to the property.

Pet(s): Pets are accepted and welcome with the exception that aggressive animals may not be brought onto the property. A negotiable pet fee is charged based on the animal’s size ($50 Cats, $100 Dogs) and a modest monthly pet rent must be paid ($5 Cats, $20 for Dogs) by the owners of pets that are regularly in the house. Renter agrees to be solely responsible to remove pet wastes from the property daily. Damage done by renter’s pet may result in not getting the pet damage deposit or security deposit back.

Livestock and Wildlife: Written approval from the landlord (letter, text or email) must be received by renter before renter maintains livestock or wildlife animals on the property. When appropriate housing and fencing is available, small farm animals shall be encouraged and supported on this property. Renter is encouraged to create gardens and raise small animals, conditioned upon such use of the property being compliant with current zoning, and provided also that all animals shall be cared for, fed, watered, and housed by and at the expense of the renter(s). Any non-caged animals must be fenced by the renter(s) and must be paddock shifted (rotationally grazed) according to a prewritten plan presented to and agreed to, by landlord. The parties mutually agree that industrial pesticides will not be used on the property, and that the animals and gardens of neighbors will be respected. Renter’s animals and pets, if any, must remain under renter’s control.

Parking of Vehicles: Residents agree to park a maximum of 1 personal motor vehicle on the property and one recreational vehicle, unless prior written permission is received from the owner.

i. Park on driveways or in designated parking; The vehicles of renter(s) and their guests, must be parked on the driveway, in designated parking areas, or within the portion of the public street that is adjacent to this property. Renter agrees not to park his/her vehicles or to permit his/her guests to park their vehicles on the street adjacent to the property of any neighbor.

ii. Keep parking area clean; Residents must keep vehicle parking areas free and clean of garbage, personal items, and any vehicle parts or fluids, such as oils, coolants, spare tires, batteries, etc.

iii. Trucks and boats shall not be parked or stored on the premises without the prior written consent of the Owner (except for pick-ups and passenger size vans).

iv. Motorhome, recreational vehicle or trailers of any type may not be parked overnight on the premises without written consent of the Landlord. The landlord agrees to permit a maximum of one (1) currently licensed Recreational Vehicle on the property.

v. Inoperable Vehicles, Vehicles without License Plates, with Expired Plates, or Uninsured Vehicles must be removed; All vehicles parked on this property are required to have a valid license plate (no temporary tags longer than 30 days), and insurance. Uninsured or unlicensed vehicles must be removed from the property within 72 hours at landlord’s request. Disabled vehicles shall not be left on the premises for longer than 1 week. Disabled vehicles which are not in an enclosed garage will, after having one written 72-hour warning placed on the vehicle, be towed form the premises at the vehicle owner’s expense.

vi. Repair of vehicles on the premises. Residents are generally permitted to repair and maintain their own vehicles or the vehicles of other residents, on the premises. Vehicle repairs on this property shall be limited to noncommercial repairs of resident’s own vehicles and to repairs that can generally be completed in a single day, -unless the tenant receives prior written permission from the landlord.

1. County Code on RV Occupancy: Both parties to this agreement hereby acknowledge that the Thurston County municipal code at Chapter 20.34.020(8)(a) and(c) limits occupancy of Recreational Vehicles in part as follows:

“Temporary occupancy is permitted but shall not exceed thirty days in any six-month period. Two thirty-day temporary occupancies within any twelve-month period must be separated by a minimum of at least forty-five days.”

And "Such equipment shall not be hooked up to utilities, sewage or septic, or water facilities unless located in a recreational vehicle park.” (This property is not a licensed recreational vehicle park.)

Note however, that under the Thurston code an electrical connection can be made to prevent freezing, etc. when the recreational vehicle is being stored."

1. County Code on Camping: Renter and Landlord both acknowledge that Thurston County Code (TCC) permits persons to live only in structures approved for permanent occupation. People sleeping in tents, vans, and tiny houses on wheels, are classified as accessory recreational vehicles in the zoning code and are subject to the requirements noted in paragraph 20. E. above.

1. Code Enforcement: Landlord and renter hereby mutually agree to neither encourage nor interfere with enforcement by Thurston County, if any, of the county codes regarding Recreational Vehicle occupancy or residential camping.

• Duties of Renter: It is the duty of renter to treat all persons respectfully and civilly, to timely pay the rent, and to maintain usability of the property.

1. Respect and Civility: Respectful, calm, polite and civil interactions are required. Shouting at other residents, guests or neighbor’s is not permitted. Failure to act respectfully toward another tenant, guest, or neighbor, shall be considered a breach of this contract and may result in termination of the renter’s tenancy. Initiating a physical assault of another person on this property will terminate the tenancy of the aggressive party, except in cases of self-defense.

1. Timely Payment, -Late Fees: Time is of the essence in this rental agreement and timely payment of rent is required. If rent or other charges are not received by owner on the due date, a late fee of $10 shall be assessed for each day the rent is late. Late fees are in addition to the rent. Late rent may result in a notice of eviction.
   1. Cleanliness and Orderliness: It is the duty of renter to keep the yard mowed and vegetation trimmed and to maintain general property cleanliness and orderliness. Landlord agrees to provide renter a well cleaned space at move in. Items which create odors or attract pests, -such as garbage, decaying food scraps or spoiled personal items must be placed in a fully enclosed trash receptacle. No trash or household garbage can be left outside of a fully enclosed garbage can, as trash left outside of a can and will attract rodents, insects, and predators.
2. Areas Open to Public View: Renter agrees to keep the property orderly and uncluttered with personal property. Renter agrees to that his/her items of personal property shall be limited to property that can be fully enclosed and secured. in those areas of the lot which are open to public view.
3. RV Space Cleanliness: Renter agrees to keep the exterior of any Recreational Vehicle brought onto the property maintained, orderly and sanitary.
4. Personal Storage Outside the Space Rented: Renter’s personal property shall be limited to property that is fully enclosed within a structure. Upon request, the owner will work with renter to provide an accessible location for additional enclosed storage space. Renter agrees to comply with TCC 20.34.020(9)(a) which requires that; “Outside storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary hazard. “

1. Maintenance and Repairs: Landlord will be responsible for utility repairs on or about the property unless caused by the negligence of the Renter. Renter will be responsible for mowing, trimming vegetative growth and for the cleanliness and orderliness of the lot. Renter is responsible for any repairs caused by renter’s negligence.
2. It is the responsibility of renter to promptly notify the Landlord, Davido (360) XXX-XXXX, [email protected] , of any emergency on the property or of any need for repair of which the renter becomes aware.
3. The renter agrees to keep the property rented clean, orderly, and sanitary at all times and to promptly place all trash, garbage and other waste in the appropriate receptacles. Food waste and garbage cannot be left outside of covered garbage cans.
4. The renter is responsible for removing snow and ice from the stairs and walkways on and around the property rented.

1. Permit Landlord Right of Entry: Landlord retains the right, with 48 hours written notice, to enter renter’s lot during reasonable hours as necessary to make repairs and improvements.
   1. Emergency Access: In the event of an emergency, owner may enter renter’s lot, and/or RV without notice to render aid or to prevent property damage. If it appears to a reasonable person from circumstances then present that life is at risk or that serious property damage would occur unless entry is made to conduct corrective action, then landlord shall not be responsible for any damages that may occur from forcible entry during an emergency.

• General Rules and Regulations:
• Renter agrees to abide by all Federal and State laws.
• Renter will be responsible for any fine and/or violation that is imposed on the owner or landlord due to renter’s negligence.
• Hazardous materials are not permitted in or around the space rented. Renter may not store fuel on the property without notifying the Landlord, except for propane in legally approved containers.
• Renter may not hang or place any signs on or about the property without Landlord’s approval.
• Renter shall immediately notify Landlord of any pest or predator problems.

• Legal Clauses:
• Assignment or Sublease: Renter agrees not to transfer, assign or sublease the space rented without Landlord’s written permission.
• Misrepresentation: If any information provided by renter in application for the space rented is found to be knowingly incorrect, untruthful, and/or misleading, that misrepresentation becomes a breach of this rental agreement.
• Entire Agreement: This agreement and any attached Addenda represent all terms and agreements between renter and owner regarding the space rented. Renter acknowledges that Landlord has not made promises or commitments regarding the space rented other than those expressly written herein.
• Time is of the Essence: Time is of the essence regarding all clauses and both parties in this rental agreement.

1. Remedies: Violation of any part of this agreement by either party, including non-payment of rent or utilities constitutes a default of this rental agreement. In the event of a default, either party may initiate legal proceedings in accordance with local law. In any litigation of this agreement, the prevailing party shall be entitled to an award of attorney’s fees. If renter defaults, Landlord may seek to evict renter from the property, and may also seek judgment against renter for any monies owed because of renter’s default.

1. Failure to Enforce: If the Landlord fails to enforce any provision of this rental agreement, it will not constitute a waiver of any default, future default, or default of the remaining provisions.
2. Agreement to Terms: By signing this rental agreement, the renter certifies that he/she has read, understood, and agrees to comply with all the terms and conditions of this agreement including any addenda.
3. Failure to Comply: Failure by either party to comply with the terms of this agreement can result in termination of the agreement and/or termination of tenancy.
4. Attorney Review: This is an important legal agreement. You are advised and encouraged to have your attorney review this rental agreement before signing it.

Renter

Signature___Good Person__________________ Date ____________________

Landlord

Signature______Mr Davido__________________ Date ____________________

                   _________________________________________________

So there you have it You decide.  Is that Rental Agreement false? or Is it Unfair?    

I'd like to hear your thoughts,

Davido,  Author of-

Can this be Legal? The Blog of Abandoned Real Estate and Adverse Possession
https://www.biggerpockets.com/member-blogs/12388-abandoned-property-adventure-on-wildside

                   ______________________________________________________

Footnote;

[1] I publicly rent abandoned property without the consent of the owner of record. Should the owner of record, or an heir of the owner appear and demand immediate use of the property, I would expect the owner to let my tenant complete our 30 day rental agreement.  As a practical matter, it would not be possible for the previously absent owner or heir to legally remove my tenant in less than 30 days. If the owner wanted to press the issue, he or she would be required to file an ejectment action against my tenant and I -which requires 20 days’ notice, an answer, then a hearing, then the issuing of an order of Ejectment, and the scheduling of a Sherriff's action to enforce the order.  Ejectment always takes more than 30 days.

I rent properties only where the owner’s prior abandonment can be established by clear, cogent and convincing evidence. In each case I can prove that the owner of record has made no use of the property for several years, made no payments on mortgage, liens, or property taxes, has done no maintenance, and has failed even to maintain contact information with the county assessor, and has failed to respond to multiple efforts to contact him/her at last known addresses, phone numbers, email account, etc..

When these facts are shown with clear, cogent and convincing evidence, the burden shifts to the owner of record to obtain a hearing to adjudicate whether he/she should regain control of a property which a reasonable person would conclude the owner had previously abandoned. 

Note that: Any suit for ejection of my tenant, would be equally effective against me as the Landlord. “In an action against a tenant, the judgment shall be conclusive against a landlord who has been made defendant in place of the tenant, to the same extent as if the action had been originally commenced against him or her”. https://app.leg.wa.gov/RCW/default.aspx?cite=7.28.130