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  1. #1
    Join Date
    Mar 2009
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    7

    Default Waiving of Municipal Codes in the Lease

    State: WA

    We own a floating home in Seattle, and the moorage is leased, which means if should fall under seattle municipal code 7.20.

    The lease has a statement that says the tenant agrees to waive all of the provisions in the municipal code. (Those provision protect us from being forced to move our home without reason and unreasonable rent increases.)

    My question is, is that statement something that can be upheld or do municipal codes have precedence regardless of what a lease says? Basically are we still protected under our tenant rights?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Waiving of Municipal Codes in the Lease

    The code provides for voluntary waiver:
    Quote Quoting SMC 7.20.120 Voluntary waiver of provisions.
    The provisions of this chapter may be waived by moorage owners and floating home owners provided that such waiver is done voluntarily and with knowledge of the waiver in a written lease and provided further that such waiver shall be valid for no longer than the term of the lease.

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Waiving of Municipal Codes in the Lease

    So do not agree to it. Line thru it and initial. Most LL won't read the lease once it is signed.

  4. #4
    Join Date
    Mar 2009
    Posts
    7

    Default Re: Waiving of Municipal Codes in the Lease

    Quote Quoting Mr. Knowitall
    View Post
    The code provides for voluntary waiver:

    Thanks! I did end up finding that, however I've also found out that because the land/water is owned by the University, they feel they don't have to abide by the city codes anyway. It's really quite strange that they say "Those don't apply to us, we are the State..." and turn around and require us to waive them.

    Though, if the waiver is only valid for the term of the lease, then we are proteced by our lease unless they break it, so if they break the lease then we are back under the SMCs, unless there is a state law that those are in contradicition to I guess. It's all weird.

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