Applies to multi-family housing, not single housing. If either of these describes you, go to WashingtonLawHelp.org to learn more. If you have a hard time getting it back, use our Letter to Landlord for Return of a Security Deposit Do-it-Yourself Forms interview or get our Getting your security deposit back packet. GREAT BRITAIN. A commercial lease agreement Washington State contains statewide restrictions on rental terms.3 min read. Warranties against interference and against infringement; lessee's obligation against infringement. What are my rights, RCW 59.18.060, except where otherwise noted, My landlord enters my rental unit without my permission, My landlord has not paid their water bill, Tenants' Rights: My place has been condemned, Landlord/Tenant Issues for Survivors of Domestic Violence, Sexual Assault, and/or Stalking, New Washington State Law: Landlord must give a "good" reason to end a tenancy or not renew a lease, My landlord just gave me a 14-Day Notice to Pay Rent or Vacate, My Landlord Just Gave Me a 10-Day Notice to Comply or Vacate, My Landlord Just Gave Me a 3-Day Notice to Quit, I need to respond to an eviction lawsuit packet as soon as possible, I need to respond to an eviction lawsuit as soon as possible, Letter to Landlord for Return of a Security Deposit, Your rights as a tenant in Washington State. If you repair something badly, the landlord can hold you responsible. Lets the landlord collect more than what a court awards in an eviction case. The law prohibits a landlord from taking certain actions against you: Even if you are behind in rent, the landlord cannot lock you out of the unit, change locks, add new locks, or keep you from entering the unit in any other way. Keep a copy for yourself. Call our Eviction Defense Screening line at 1-855-657-8387 or apply online at nwjustice.org/apply-online if you think you may quality. The landlord can raise the rent after giving you written notice at least 60 days before the end of the rental period (except in certain subsidized rental units, the landlord can give you only 30 days written notice). But, try to talk to a lawyer first. Starting January 1, 2022, landlords can begin filing all other eviction cases. For example, you got a cat despite the rental agreement's "no pets" rule. A tenant with a rent payment plan is at least $600 or 2 months behind on the terms of the payment plan, whichever is greater; and; The landlord has provided a Notice to Vacate to the tenant that complies with the law. This Ordinance applies to Small Commercial Tenant[s] which are defined as a business entity, including sole proprietorship, corporation, partnership, or other legal entity that: If a small commercial tenant fails to pay rent when due between March 1, 2020 and March 1, 2021 due to circumstances occurring because of the COVID-19 pandemic, then the tenant is entitled to repay rent through a repayment plan. But the landlord might not need you to move out because of the sale. They must send this letter to the most recent address they have for you. Washington Landlord-Tenant Laws 2. The eviction was set for trial. Selected as best answer. The landlord must return your deposits and the equivalent of the rent for the days you have already paid. Although commercial eviction related activities are prohibited until Governor Inslee's orders expire on March 31, 2021, commercial landlords still have alternative remedial options to address tenant nonpayment and lease violations. Cumulation and conflict of warranties express or implied. Month-to-month tenants in Washington must always provide 20 days of advance notice before terminating their lease. [6], The tenant also has a right to assume the lease. You signed a contract to buy the property where you live. Priority of certain liens arising by operation of law. We have negotiated countless leases (both commercial and residential) and dealt with many disputes over the years, both for our clients and on our own properties. No information contained in this post/page should be construed as legal advice from the Brink Law Firm, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. Waiver or renunciation of claim or right after default. Implied warranty of fitness for particular purpose. Washington landlords have 21 days. A landlord can only shut off utilities to make repairs. in history and criminal justice from Gonzaga University in Spokane, Washington, and her Master's Degree from Eastern Washington University . We will never provide your information to any third party. Levy | von Beck | Comstock | P.S. Below is a summary of these regulations. If the tenant is being evicted for failure to pay timely rent, they have 5 days to move out upon posting of the Writ of Restitution. No matter how clean you leave the place, the landlord keeps the fee. Rent is usually paid on a monthly basis. There are downsides to paying this monthly fee instead of a deposit. Understanding the Law Landlord Retaliation Against Tenants This page answers many common questions about landlord retaliation and what tenants can do about it. Who controls it? Brink Law Firm; 1201 Pacific Ave., Suite 2100, Tacoma, WA 98402; Telephone: 253.620.6666 |Copyright 2023, The Definitive Guide to Evicting a Tenant in Washington State, A Landlords Guide to Washingtons New 2019 Eviction Laws, Free Eviction Notice Forms and Our Eviction Prices, Alterations to the space and whether the tenant is required to return the space to its original state, Identify any potentially unfair or harmful terms for your business in the lease, Determine any provisions or wording you may want to alter or add to the lease, Negotiate more favorable terms to which the landlord will still agree, Allow you to claim that your lawyer has advised you to suggest changes, potentially giving you more leverage. If you are behind in rent, even by 1 day, your landlord may give you a 14-Day Notice to Pay Rent or Vacate. Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Mortgages and trust receipts: Title 61 RCW. You move out on July 6. State law does allow a commercial landlord to commence an unlawful detainer action to evict a commercial tenant and recover unpaid rent and other damages. The landlord must transfer all deposits to the new owner. You can hire a lawyer and go to court to force the landlord to make repairs. Example: Your rent is due July 1. You can also ask the natural gas company for this information. #6300EN. Can I make as many repairs as I want? The landlord can only use it for payment of your last month's rent. In some cases, the landlord must agree to a new due date. The commercial lease required tenant Outloud to pay [], A landlord and tenant entered into a commercial lease. Note: These rights are automatic, which means they attach to either party even if the lease does not provide for them. They can only keep what you owe for rent or repair costs. And your landlord cannot try to enter your unit for harassment. If your landlord-tenant issue demands immediate legal action, you may want to seek Landlord Tenant resources for legal advice, mediation or Small Claims Court . You should get the Summons and Complaint at least at least 7 days before the deadline to submit your written Notice of Appearance or Answer. However, sometimes, disputes cannot be resolved through mere negotiation. LSC's support for this website is limited to those activities that are consistent with LSC restrictions. FORMATION AND CONSTRUCTION OF LEASE CONTRACT. The new owner must put them in a trust at a bank or in an escrow account. You could deduct $750 from April's rent and $750 from May's rent. Litigation is the final option. You can hire someone yourself to make the repairs and subtract the amount from rent. You are living in a hotel, motel, or camping area and have been there since at least 30 days before March 1, 2020. Here are some examples of damages the landlord can charge you for: broken windows, holes in the wall, leaving trash or other items that must be thrown away, leaving the unit so dirty that it is unhealthy or unsafe. This fee cannot be more than 25% () of your first month's rent. [1] Some commentators find the implied warranty of fitness analogous to the implied warranty of merchantability in the Uniform Commercial Code. In most standard instances, a Washington landlord must provide 2 days of notice before entering an occupied unit. The landlord cannot take revenge on you (retaliate against you) for exercising your legal rights or making a complaint to a code enforcement agency. 2020-0191. If the landlord takes your things, first contact the landlord in writing. Lessor's right to identify goods to lease contract. My former landlord says I owe damages, Letter to Landlord for Return of a Security Deposit Do-it-Yourself Forms, I am a tenant living in a foreclosed property. You can read the law about this at RCW 59.18.310(1). In negotiations, knowledge is power, so in commercial lease disputes, it is often worthwhile to hire an attorney to carefully review your lease agreement. Email these photos to yourself and the landlord. Breaking a Lease in Washington Share it with your network! Example: Your monthly rent is $800. That cost $1,500. A written installment payment schedule shall be negotiated between the lessor and the tenant for the payment of rent in arrears, provided that, the repayment schedule may not require the tenant to pay, in addition to rent due for the month or period, more than 1/3 of late rent within any month or period following the month or period for which full rent was not paid unless agreed by the tenant, and, rent in arrears shall be paid in full to the lessor no later than one year after the termination of the Civil Emergency Proclaimed by Mayor Durkan, No late fees, interest, or other charges due to late payment of rent shall accrue during or within one year after the termination of the Civil Emergency Proclaimed by Mayor Durkan. If you dont notice them, and negotiate to have them reworded or excluded before you sign, you may end up facing unexpected costs or liabilities down the road with little or no legal recourse. If the landlord is a management company, include the name of the unit's owner, if you know it. Yes. You properly notify the landlord that you are deducting costs for repairs from your rent. You can ask for one free replacement copy of the checklist if you lose yours. For more on your right to privacy, see below. Washington Sublease 5. The landlord can only take your things if you abandon the unit. If you miss a payment under a written deposit installment plan, it is treated as if you didn't pay rent. These cases can be tricky. Limits the landlord's ability to change the terms of the agreement. Seattle has additional laws regarding the landlord-tenant relationship. Cure by lessor of improper tender or delivery; replacement. an unlawful detainer action) the landlord must first serve applicable notices such as a notice to pay rent or vacate, comply or vacate, or a notice to terminate a month to month tenancy. If you don't note these problems, your landlord could try to charge you for them when you move out. Territorial application of article to goods covered by certificate of title. You pay for a space for it. After the next month, you do not have to pay anything. Consider buying renter's insurance if you want this protection. Washington RCW 59.20 Manufactured/Mobile Home Landlord-Tenant Act. Orders Applying to All Commercial Landlords and Tenants in King County: On June 30, 2020, the King County Council enacted Ordinance No. The Office of the Tenant Advocate (OTA) has suspended its regular walk-in hours, Monday - Thursday, 9 am-4 pm, for the . hb```%- cc`aphPphW4Lo(]!}+&.He~for:OaW[/\V)fWu TL1yrEU})>1u:Ca1o-3~t HTML PDF. When you decide to leave your parents house and move into your own place, you will be responsible to a landlord. endstream endobj 1726 0 obj <>/Metadata 101 0 R/Outlines 633 0 R/PageLayout/OneColumn/Pages 1719 0 R/StructTreeRoot 770 0 R/Type/Catalog>> endobj 1727 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 1728 0 obj <>stream The new owner must give you the new bank or escrow company's name and address. However, Washington has no landlord-tenant laws expressly giving commercial tenants this right. Tenant's Responsibilities - RCW 59.18.130, Pay rent and any utility bills agreed upon, Follow city, county, and state regulations, Pay for control of any pest infestations that you caused, Properly use plumbing, electrical and heating systems, Restore the place to the same condition as when you moved in, except for normal wear and tear, Engage in or allow any gang- or drug-related activity on the property, Allow lots of garbage to build up in or around the unit, Cause a nuisance or substantial interference with other tenants' use of their property. 1761 0 obj <>stream Says you must pay the landlord's lawyer fees if an argument goes to court, even if you win. Here are 5 options and our recommendations for commercial landlords: hWmo6+D Then you will have to move out after the sheriff posts a notice on your door. Show Cause hearing. The Notice of Appearance lets the court know you want to argue your case at a hearing. Learn more about Washington landlord-tenant laws on general renting, security deposits, rent payments, tenant screening, and more. If they break (violate) one of these rules, you may have a legal case against them. If the habitability issue is an emergency and includes heat, water or electricity landlords have 24 hours to fix the issue. If they can rent it less than 30 days after you moved, you must pay only for the days it was empty. This moratorium is effective until the earlier of (i) the date the Mayor of Seattle terminates the order, or (ii) March 31, 2021. In Washington, Oregon, and California, state and local governments . Make sure that you or your lawyer tailor any commercial lease specifically to the space in question and the terms and conditions agreed upon between you and the landlord. Landlords have 72 hours to fix an issue that involves the refrigerator, oven, range, or a major plumbing issue. STEP 2 - Wait for the landlord to fix the problem. A commercial landlord may seek possession via a writ of restitution prior to trial. Do not sign the list until it is right! You can read the RLTA at RCW 59.18. 1746 0 obj <>/Filter/FlateDecode/ID[<94A613D3FFFED547AEAEEEB1BA2E139B>]/Index[1725 37]/Info 1724 0 R/Length 106/Prev 317357/Root 1726 0 R/Size 1762/Type/XRef/W[1 3 1]>>stream In Washington, the following actions may be considered discriminatory with regards to housing practices: To learn more or report discrimination, please visit the Washington State Human Rights Commissions website. Ejectment and quieting title: Chapter 7.28 RCW. Finding the right commercial space for your business is critical to your success. Whether you are allowed to alter or renovate the space to fit your business needs and, if so, whether you are responsible for restoring the space to its original condition when you move out. Dave negotiated a settlement with the insurance provider that was greater than we even asked for! Renting Condemned Property - RCW 59.18.085. You can read the law about this at RCW 59.18.090(1). Ask the landlord's lawyer or secretary to stamp both the copy you are keeping and the copy you are giving them with the date and time. The landlord must tell you in writing that they are running this report. Read My landlord locked me out to learn more. If you share rent, the landlord can charge you for all the rent if your roommates do not pay their share. Disclaimer:All information in this website is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. The landlord may not keep any of the holding fee if the unit fails a tenant-based rental assistance program inspection. Action to recover real property, jury trial: RCW, County property, sales, leases, etc. Keep a copy of the letter for yourself. Talk to a lawyer. According to the Landlord-Tenant Act, all tenants in Washington are required to: 1. App. . The landlord can terminate the tenancy by providing the tenant with written notice, as required by state or city law [1]. Whether you face any restrictions on how you use the space (for example, a bakery would not want a restriction on oven use). performance of decedent's contracts: Chapter, Property insurance, insurable interest: RCW. For this reason, when a dispute arises between a commercial landlord and tenant, the terms of the lease are often more impactful than state law. However, there are no such requirements for commercial landlords, who are allowed to comingle deposits with other funds. I pay rent for the lot. What are my rights to learn more. 849, 679 P.2d 936 (1984). A Washington landlord may enter without permission in cases of emergency, however. This section explains, what to do if the landlord tries to evict you. If only one family lives in the house or building, the landlord does not have to provide trash pick-up. If you stay beyond the end of a lease and the landlord accepts rent for the next month, you become a "month-to-month" renter. This field is for validation purposes and should be left unchanged. They do not fix it after 72 hours. Address:1200 5th Ave., Suite 1850Seattle, WA 98101. Is Washington a Landlord Friendly State? You cannot sue for repairs in Small Claims Court. With the list, you can prove the damages were already there. You should read Rent-to-Own in Washington State instead of this guide. STEP 1 Write the landlord a letter. Senate Bill 5160, sponsored by Sen. Patty Kuderer (D-Bellevue), has several provisions aimed at reducing homelessness, including a first-in-the-nation statewide right to counsel for low-income tenants facing an eviction. Renew the lease or enter into a new lease, if the new lease requires a rental payment that exceeds the payment due under the expired lease. This requires landlords to issue 90 days of written notice when a tenants property is being modified or demolished. Read My landlord shut off my utilities to learn more. You live there only because of the job. Landlords, on the other hand, cannot unilaterally change a tenants lock. In this article we are providing updates on the various emergency orders and proclamations in Washington state affecting commercial landlords and tenants: Orders Applying to All Commercial Landlords and Tenants in Washington: On December 31, 2020, the Governor of Washington executed Proclamation 20-19.5. Landlords cannot rent property that is condemned or unlawful to occupy because of code violations. If you do move in, the landlord must apply this fee towards the security deposit or first month's rent. The information contained on this website is intended for informational purposes only and is not legal advice. You can read the law about this at RCW 59.18.080. [10]IBF, LLC v. Heuft, 141 Wn. If you fix the problem within 10 days after you get the notice, the landlord must stop the eviction process. Make digital copies as well. Rental security deposit guarantee program. *Service Members in the U.S. Armed Forces, Reserves or National Guard: If you have a lease, you must give the landlord 7 days' notice of any permanent change of station or deployment order. Each repair must cost less than 2 months' rent if you hire someone or less than 1 month's rent if you do the work yourself. Also, Washington allows individual counties to raise or lower the aforementioned filing limits. You must buy new batteries and maintain smoke detectors. You cannot spend more than 1 month's rent on repairs you do yourself in each 12-month period. Renters with low incomes are entitled to a lawyer free of charge before a court may proceed with an eviction. 62A.2A-107. This document must be signed and dated by both the tenant and the landlord, and a copy must be given to the tenant. If they do not fix the issue, a Washington tenant has the right to take alternative action by hiring a licensed contractor and deducting the actual costs from future rent payments. All Rights Reserved. The "screening fee" pays that company. You could deduct $750 from April's rent and the final $250 from May's rent. Want High Quality, Transparent, and Affordable Legal Services? Section 704.07 provides default rules for maintenance and repair obligations in the absence of contrary language in a commercial lease. If there is no case number on the Summons and Complaint, keep your originals for now. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. UpCounsel accepts only the top 5 percent of lawyers to its site. A 2014 Washington case determined that a landlord constructively evicted tenants by letting trash pile up, failing to provide cleaning services, leaving feces in the common areas, failing to fix the heating and cooling system, and neglecting to provide needed security. If you pay any deposit or non-refundable fee, the landlord must give you a written agreement. Is neither a general sales or service business with ten or more establishments in operation located anywhere in the world nor an entertainment use business with five or more establishments in operation located anywhere in the world. | All Right Reserved, Construction Defects & Property Insurance Claims, Seattle Single Family Home & Construction Defects, Seattle Commercial Building Construction Defects, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Legal Claims for Defective Hardwood Floor Installation, So You Want to Terminate Your Contractor? Tenant Rights, Laws and Protections: Washington State Know your responsibilities as a tenant. Unlawful harassment by the landlord or landlord's agent. In addition to the above common disputes, commercial landlords and tenants can disagree about many additional terms of a commercial lease. a 20 y In Washington State, there exist several laws that govern the relationship between landlord and tenant: The city of Seattle has its own additional laws: Washington State does not place a limit on the maximum amount of a security deposit. Jay Inslee signed a bill on Monday that effectively ends landlords' rights to refuse to renew a lease without cause. The full proclamation can be accessed here. Then take the original "Notice of Appearance" (and "Answer", if you are filing one) you filled out to the Superior Courthouse in the county listed on the Summons. After you move out, the landlord has 21 days to send you the deposit or a letter saying why they are keeping some or all of it. Action to recover real property, jury trial: RCW 4.40.060. No. A commercial landlord is entitled to judgment for twice the rent amount for the period the property is in unlawful detainer status (the period that the tenant was in the property contrary to a proper legal notice). 6300EN - 8/2015 Table of Contents . It continues until landlord or tenant gives proper notice that they want to end it. We describe the method for this in detail in Tenants: If you need repairs. If a tenant's check is returned, a landlord may charge a returned check fee, but the amount must not exceed 40 dollars or the value of the check, whichever is less. This is required even if the landlord believes the tenant cannot pay, or the landlord does not wish to give an option to cure and just wants the tenant out. The tenant argued on appeal [], A commercial landlord brought an eviction against its tenant. The tenant must: Pay rent and any utilities agreed upon Keep the apartment clean and sanitary Comply with the requirements of city, county, or state regulations Pay for fumigation and/or damage to the dwelling The landlord must: Make sure the apartment meets all state and local codes If you sign the lease, you may be stuck paying those charges. The landlord can start an eviction court case against you. The landlord cannot keep a security or damage deposit to repair "normal wear and tear." If you pay a deposit, the landlord must give you a Condition Check-In List. Whenever there is a lease, either verbal or written, Washington laws (Revised Code of Washington Chapter 59.18) allow tenants to obtain certain rights, for example, the right to obtain receipts for every payment and the right to know where the security deposit is being held. *It is illegal for a rental agreement to say the landlord can take your property. 624 (2007). Seattle Landlord Tenant Laws SMC 22.206.160 Duties of owners. Read Tenants' Rights: My place has been condemned to learn more. Generally, the landlord must give you at least 2 days' written notice before entering your rental to make repairs or inspect the place. You find a new home for the cat. In complicated matters, litigation should typically be considered a last resort. All Washington landlords must make the following disclosures to their tenants: In Washington, domestic abuse victims may request a lock change (at their own expense). You can read the law about this at RCW 59.18.100(3). Tacoma's Tenant Rights Ordinance requires the landlord to provide 90 days of notice to their tenant if the property is getting demolished or modified. Can be in writing or a verbal agreement. The landlord must go to court to have a judge sign off on an eviction and get the sheriff involved. The tenants were current on the rent at the time the lease expired. "we have not been able to pay the full rent for the past two months" likely means you are behind on rent. A commercial lease agreement Washington State contains statewide restrictions on rental terms. However, if the dispute is over terms of the lease or performance, then litigation can become prolonged, expensive, and uncertain. An Answer is more detailed than a Notice of Appearance. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 1200 5th Ave., Suite 1850SEATTLE, WA 98101, TELEPHONE: (206) 626-5444EMAIL: INFO@LEVY-LAW.COMMAP AND DIRECTIONS. You can also call CLEAR at 1.888.201.1014 ( 211 if you live in King County). Dave is exactly the lawyer I hoped to find. Where is the electric box? Feb 2015 - Mar 20238 years 2 months. Next, the landlord must serve a summons and a [] commercial eviction foreclosure This ordinance provides that landlords in leases with small business or nonprofit tenants, shall not: This ordinance also provides small business and nonprofit tenants with the following additional relief: A copy of the signed ordinance can be found here. Read Tenants: If you need repairs to learn more. Forcible entry and forcible and unlawful detainer. Lessee's rights on improper delivery; rightful rejection. You rent the land around your house mainly for farming. Visit Northwest Justice Project to find out how to get legal help. If this applies to you contact the Manufactured Housing Dispute Resolution Program at (866) WAG-MHLTA (1-866-924-6458) or file a complaint regarding your mobile/manufactured home dispute. Standing to sue third parties for injury to goods. COVID-19: Options for Commercial Property Owners in Washington, Oregon, and California. Tenant Action for Nonpayment of Deposit. In many cases, a commercial tenant may want or need to sublease part of the leased space to cut costs. Read the lease carefully before signing. '~ eP Lg`V lease should specify that the landlord reserves the right to do so and that the tenant consents (see State Q&A, Real Estate Leasing: Hawaii, Question 9 ( W-001-8863)). Please see the following attachments regarding your tenant rights and services: . Keep these documents in a safe place. App. Renters with low incomes are entitled to a lawyer free of charge before a court may proceed with an eviction. The Washington Law Against Discrimination The lease provided for twenty days to cure non-payment of rent. When it comes to tenant parking rights it's going to be based on what is included in the lease. How many days depends on the problem. Our platform has lawyers that specialize in commercial lease amendments. You should insist on this right even if the judge wants the case to proceed without you having a lawyer. The court should give you the chance to have a lawyer appointed to your eviction case. If you cannot deliver your written response in person, you may have to mail or fax your response. Hand deliver one copy to the landlord or their lawyer. Make at least 2 copies of each. Washington Commercial Lease 3. A landlord can only evict a small commercial tenant for failing to pay rent when due between March 1, 2020 and March 1, 2021, if the tenant was offered, and refused or failed to comply with, a repayment plan that was reasonable based on the individual financial, health, and other circumstances of the tenant. Kenmore: The law probably does not cover you if any of these describes your situation: You live in a mobile home park but own your mobile home. Call our Eviction Defense Screening line at 1-855-657-8387 or apply online if you think you may quality. You hired someone to make repairs in March. The city notifies the landlord that they are inspecting the place. Merchant lessee's duties as to rightfully rejected goods. Commercial Landlord-Tenant Law To start an eviction lawsuit in Washington (a.k.a. Modification or impairment of rights and remedies. OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement, Residential Landlord and Tenants Resources, Comply with the requirements of city, county, or state regulations, Pay for fumigation and/or damage to the dwelling, Make sure the apartment meets all state and local codes, Maintain all structural components and make sure the dwelling is reasonably weather proof, Provide the tenant his name and address, or the name and address of his agent.