Community – Page 10 – Hanis Irvine Prothero PLLC

HANIS IRVINE PROTHERO celebrates its 10th Anniversary!

Ten years ago, Mike Hanis had an idea. He teamed up with Cynthia Irvine and four other lawyers and formed a law firm in Kent. Mike, Cynthia, Dennis Shanlian, Pat Hanis and Annette Bolster were there from the beginning.

On Saturday August 17^th HANIS IRVINE PROTHERO celebrated its 10^th Anniversary! The party was at Mick Kelly’s Irish Pub. The Still Got It Band rocked the night away. Everyone thought the food and beverages were great!

Many of the party-ers brought donations for the Kent Food Bank and received a beverage on HIP. On Monday the 19^th, the firm delivered 299 pounds of food to the Food Bank! Thanks to everyone who contributed!

Below are the Lyrics to the Ballad of HIP. Written and “sung” to the tune of The Beverly Hillbillies theme song by HIP Attorney and Partner Mark Prothero.

THE BALLAD OF H.I.P.

Come an’ listen to a story starting 10 years ago

6 lawyers started a firm in Kent – Hanis Greaney Zoro

A full-service law firm with a wide range of advice

And over time the name’s changed not once, not twice, not thrice

But four times, that is…please listen carefully. I’ll explain

GG & I signed on with them in May 2004

Shortly after we arrived, Mr. Zoro was out the door

We became Hanis Greaney then Hanis Greaney Prothero

And over the next few years, our law firm continued to grow

From 8 that is, to 12…now we’re up to 16

People can get good legal advice without the traffic battle

Or finding a parking place in Tacoma, Bellevue, or Seattle

Our partner Mr. Greaney chose to sail his solo ship

And when he left our firm, the simple truth is we became HIP

And not just in name only, that is…

Criminal defense, homeowners, and civil litigation

Family law, personal injury, and immigration

Wills and estate planning – if you need legal advice just call

And we have the very best around in the most glamorous field of all

Sewer law, that is…or, as I call it, “brown gold”

If you ever have a question or worry about your legal fate

Just give one of us a call. There’s no need to hesitate

I know we can help you out and you will surely see

The highest quality lawyers are found right here at H.I.P.

HANIS IRVINE PROTHERO, that is…Happy 10^th Anniversary!

50th Annual Phil Biege Golf Tournament

The 50th Annual Phil Biege Golf Tournament was held July 26^th at Riverbend Golf Course in Kent. The tournament involves judges, lawyers, legal assistants and friends in south King County. The men’s low score was turned in by repeat champion John Curry. The women’s low score title went to Karla Jensen. The Judge’s Low Score champion was the Honorable Brian Gain of King County Superior Court. The South King County Bar Association hosts the annual event and supplied the food, drinks, and awards. A fun time was had by all, despite some golf scores that looked like temperature readings from Death Valley. A huge thanks to the organizer of the event, Greg Girard, SKCBA Board Member and partner at Hanis Irvine Prothero.

Pista sa Nayon

July 28, 2013 – Attorney Ian Purganan set up a booth last Sunday at Pista sa Nayon in Seward Park. For those of you who are unfamiliar with this event, here is a small excerpt of an article about the history of Pista sa Nayon, written by Cindy Cawaling:

“During Pista sa Nayon (a Filipino phrase translated “town festival”) Filipinos would gather for a fiesta in the middle of town to celebrate a good harvest, and it would be a time for people to focus on their neighbors, family and friends, solidifying the sense of community and hard work.”

Pista sa Nayon has been a tradition for many years and now, here in Seattle, it is the biggest Filipino party of the year with well over 15,000 attendees. We would like to thank all those who stopped by! If you missed Attorney Purganan’s booth this year, view his personal profile here! Attorney Purganan practices exclusively in Immigration and Citizenship Law.

Florian D. Purganan

fpurganan@hiplawfirm.com

253.520.5000

HIP wishes Mark Albertson a fond farewell

Mark Albertson recently left the practice of law and accepted a position as a Trust and Estate Planning Officer. This is a great opportunity for Mark where he will teach estate planning workshops and consult with financial advisors. Mark has been a great leader in the estate planning field for many years and will continue to be a great resource to the attorneys at HIP Law. With this change, Patrick Hanis will lead the Estate Planning department, with fellow attorneys Brian Hanis and Dennis Shanlian. We expect the transition to be as seamless as possible. Mark left with these words, “It is with mixed emotions that I go. I have enjoyed working with you and all of my clients, and I will miss you all. Additionally, Hanis Irvine Prothero has been a wonderful place to work. The attorneys here are incredibly competent and caring people with the highest ethical standards. I will miss working with everyone here.” We look forward to continuing to assist you with your Estate Planning, Probate, or other legal needs. Please contact Patrick Hanis or his assistant, Steven Bash, with any questions.

Rental Deposits

RENTAL DEPOSITS

An issue I regularly see in residential landlord-tenant relationships surrounds deposits. Landlords, it is worth a few minutes of your time to make sure you understand how to apply them. In the long run, the minimal extra time you spend to follow them could save you thousands that could have easily been avoided.

First, if you are going to require a deposit, there must be a written rental agreement. The agreement shall include the terms and conditions under which the deposit can be withheld (RCW 59.18.260 of the Residential Landlord/Tenant Act).

I want to add a point here. Tenants constantly try to have the deposit applied to an obligation under the lease, such as unpaid rent. It is your discretion whether to apply it. I recommend never doing so until you have the unit back and know the extent of other damages.

An additional requirement of RCW 59.18.260 is that there must be provided to the tenant a written checklist. A piece of advice, have the tenant sign an acknowledgment that you provided the checklist, in case the tenant does not return it, and provide the tenant a copy of this statement. Failure to provide the checklist could require you having to return the deposit, whether damages by the tenant occurred or not.

Landlords, after receipt of the deposit, the funds must be placed into a trust account and it must be disclosed to the tenant where the funds are being held (RCW 59.18.270). This is simply accomplished by adding a clause in the lease disclosing the bank it will be held at.

It is common within lease agreements to add language that a part of the deposit is “non-refundable.” RCW 59.18.285 states that any funds paid that are non-refundable may not be designated as a “deposit” or as part of the deposit. The rental agreement must clearly state that the fee is non-refundable. If this is not done, then the “fee” is converted to a refundable deposit subject to the terms of the lease. The conversion to “refundable” does not mean the tenant is automatically entitled to that portion being refunded. It simply means that there must now be a basis to retain it as disclosed in the lease agreement.

The most common problems, and where landlords get in the most trouble, arise for deposits after the tenant leaves. Specifically, when the funds must be returned. RCW 59.18.280 states that the notice for retention of the deposit, along with any refund due to the tenant, must be given within 14 days of the tenant vacating the premises or the landlord learns of abandonment. The notice and refund must be sent first-class, postage prepaid, properly addressed to the last known address of the tenant, and placed in the United States mail by the 14^th day.

Let’s break this down some. First, the statement must be a full and specific statement. Simply stating “damages” or vague language to that affect is not sufficient. Break it down as best you can.

Second, a common excuse of landlords is they do not know the “extent” of damages which is why it was not sent within 14 days. It should not be difficult to enter the unit and determine the damages. There really is no excuse for this. The real challenge centers on the actual costs. For costs to repair/replace, it is sufficient to state an estimate of the costs. It can be adjusted later. Do not just make up a number though. If you can go to a hardware store or have a third party give an estimate, get it. If that is not possible, then give you best estimate. Do not be unreasonable though. $5.00 for a nail is not reasonable.

Another piece of advice, where possible add repairs into the lease. For example, if the landlord is going to do the work, put in the lease that the work will be completed at a specific hourly rate.

Next, the 14 day rule. This is not a mere suggestion. Landlords, you have 14 days with one exception, circumstances beyond your control prevented providing the statement timely. Being too busy is not an excuse. In my experience, there is rarely a time when the exception applies.

Last, where to send it? It is common for a tenant to not provide a forwarding address. The statute states it simply has to be sent to the “last” known address, which can be the unit rented from you. Do make sure that you send it through the mail, first class, postage prepaid. This requirement is there because people will put forwarding addresses for their mail. If it comes back to the unit, simply hold it to prove that it was sent.

These rules may seem a little excessive but regardless they have to be followed. Courts can and do hold landlords strictly to them on a regular basis. Believe me when I say it is worth the time to follow them exactly. Failure to do so could lead to significant costs, including paying up to twice the deposit and attorney fees and costs of the tenant, if they are not followed. If in doubt give our firm a call and we can discuss what needs to be done.