16. November 2022 No Comment
(4) The governmental agency that has notified the landlord that a dwelling will be condemned or will be unlawful to occupy shall notify the displaced tenants that they may be entitled to relocation assistance under this section. (iii) By means of forcible entry, except that a judge may expressly authorize a forcible entry when: (A) Facts are shown that are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards that, if the violation existed, would be an immediate threat to the health or safety of the tenant; or. (1)(a) Except as provided in (b) of this subsection, upon receipt of a tenant's written request, a landlord must permit the tenant to pay any deposits, nonrefundable fees, and last month's rent in installments. . If a tenant exercises his or her rights to change or add locks, the following rules apply: (a) Within seven days of changing or adding locks, the tenant must deliver to the landlord by mail, fax, or personal delivery by a third party: (i) Written notice that the tenant has changed or added locks; and (ii) a copy of a valid order for protection or a written record of a report signed by a qualified third party. (D) "Substantially rehabilitate" means extensive structural repair or extensive remodeling of premises that requires a permit such as a building, electrical, plumbing, or mechanical permit, and that results in the displacement of an existing tenant. . The local government or its designee may enter the premises at any reasonable time to do the inspection, provided that he or she first shall display proper credentials and request entry. The prevailing party may recover the costs of suit or arbitration and reasonable attorneys' fees. Additionally, please check with your local Washington county or municipality for additional rules and protections for both landlords and tenants. (ii) The tenant exercises his or her rights to terminate the rental agreement under subsection (3) of this section within sixty days of providing notice that the tenant has changed or added locks. The summons must contain a street address for service of the notice of appearance or answer and, if available, a facsimile number for the plaintiff or the plaintiff's attorney, if represented. (4) A landlord or prospective landlord in violation of this section is liable in a civil action for up to two and one-half times the monthly rent of the real property at issue, as well as court costs and reasonable attorneys' fees. (1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall end by written notice of 20 days or more, preceding the end of any of the months or periods of tenancy, given by the tenant to the landlord. (c) The tenant shall be entitled to reimbursement for any escrow costs or fees incurred for setting up or maintaining an escrow account pursuant to this section, unless the tenant did not comply with the notice requirements of subsection (2) or (3) of this section. A tenant seeking to exercise rights under this subsection shall pay an additional fifty dollars for each time the tenant was reinstated after judgment pursuant to this subsection within the previous twelve months prior to payment. (b) The tenant shall be named as a party to any action filed by the landlord under this section, and shall have the right to file an answer and counterclaim, although any counterclaim shall be dismissed without prejudice if the court or arbitrator determines that the tenant failed to follow the notice requirements contained in this section. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. RHAWA offers services to members only. (2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise. The following are grounds for eviction. Any order staying the writ of restitution under this subsection (3)(c)(iii) shall require the tenant to serve a copy of the order on the landlord by personal delivery, first-class mail, facsimile, or email if agreed to by the parties. (6) As used in this section, "collection activity" means attempts to collect any monetary obligation or damages from the tenant, including threats or notice to collect any such amounts through a collection agency or filing of a judicial action, provided that it shall not mean the transmission of an invoice and supporting detail of unpaid rent, unpaid fees[,] or the cost of repairing damages beyond wear resulting from ordinary use of the premises.
We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. . (b) Copies of the summons and complaint shall be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the tenant's or tenants' last known address not less than nine days from the return date stated in the summons. The certification may be appealed to the local board of appeals, but the appeal shall not delay or preclude the tenant from proceeding with the escrow under this section. (c) This subsection (4) shall not apply where the tenant opts out of, or the landlord discontinues providing the option of, paying a continuing fee in lieu of a security deposit during the tenancy and the tenant provides full payment of a security deposit prior to the termination of the rental agreement or the tenant's abandonment of the premises. (3) A landlord shall provide, upon the request of a tenant, a written receipt for any payments made by the tenant in a form other than cash. ., and . It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. (i) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord, and guests; (ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection; (iii) Individual and group support for recovery; and, (iv) Access to a specified program of recovery; and. The following laws apply to the collection and holding of a security deposit. . (e) If a rental property owner chooses to hire a qualified inspector other than a municipal housing code enforcement officer, and a selected unit of the rental property fails the initial inspection, both the results of the initial inspection and any certificate of inspection must be provided to the local municipality. This subsection does not apply to tenants residing in subsidized housing. To terminate a periodic tenancy, a landlord must give at least 20 days written notice prior to the end of the month. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW. (Fax - required if available), (1) A court may order an unlawful detainer action to be of limited dissemination for one or more persons if: (a) The court finds that the plaintiff's case was sufficiently without basis in fact or law; (b) the tenancy was reinstated under RCW. (c) In any order issued pursuant to this subsection (3): (i) The court shall not stay the writ of restitution more than ninety days from the date of order, but may order repayment of the judgment balance within such time. The court may request the landlord to provide additional security, such as a bond, prior to authorizing release of any of the funds in escrow. (8) Not engage in any activity at the rental premises that is: (a) Imminently hazardous to the physical safety of other persons on the premises; and, (b)(i) Entails physical assaults upon another person which result in an arrest; or, (ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW, (9) Not engage in any gang-related activity at the premises, as defined in RCW. (v) The court shall extend the writ of restitution as necessary to enforce the order issued pursuant to this subsection (3)(c) in the event of default. . (3) The landlord fails to file an unlawful detainer action against the tenant who threatened another tenant within seven calendar days after receiving notice of the arrest from a law enforcement agency; then the tenant who was threatened may terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement. (4) Nothing in this section shall be construed as creating a right of distress for rent. (3) If a tenant living for less than two years in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. (ii) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees. If an occupant becomes a party to the tenancy pursuant to this subsection, a landlord may not end the tenancy except as provided under subsection (2) of this section. . Landlord's remedies if tenant fails to remedy defective condition. . (2) A defendant may serve a copy of an answer or notice of appearance by any of the following methods: (a) By delivering a copy of the answer or notice of appearance to the person who signed the summons at the street address listed on the summons; (b) By mailing a copy of the answer or notice of appearance addressed to the person who signed the summons to the street address listed on the summons; (c) By facsimile to the facsimile number listed on the summons. If the landlord reasonably concludes that the circumstances require immediate entry into the unit, the landlord may, after notifying emergency services, use such force as necessary to enter the unit if the tenant is not present; or, (ii) The landlord complies with the requirements of RCW. (5) A landlord found in material violation of chapter 81, Laws of 2022 shall be held liable to the tenant in a civil action up to two times the monthly rent of the real property unit at issue, as well as court or arbitration costs and reasonable attorneys' fees. (4) The provisions of this section shall not: (a) Create a relationship of employer and employee between landlord and tenant; or, (b) Create liability under the workers' compensation act; or, (c) Constitute the tenant as an agent of the landlord for the purposes of **RCW. (2) As used in this section, "low-income tenants" means tenants whose combined total income per dwelling unit is at or below fifty percent of the median income, adjusted for family size, in the county where the tenants reside. If proper notice is not given or a right to entry is abused to harass a tenants privacy, an affected Washington tenant may use it as grounds for lease termination. Nothing in this subsection shall be construed to prevent a tenant from making a request for reasonable accommodation under federal, state, or local law. (e) Displaced tenants shall be entitled to recover any relocation assistance, prepaid deposits, and prepaid rent required by (b) of this subsection. If a tenant notifies the landlord that he or she, or another tenant who shares that particular dwelling unit has been threatened by another tenant, and: (1) The threat was made with a firearm or other deadly weapon as defined in RCW, (2) The tenant who made the threat is arrested as a result of the threatening behavior; and. This chapter does not apply to any proprietary lease as defined in RCW, (2) If the lessor has amended its governing documents to provide that chapter, (1) Any city, town, county, or municipal corporation that is required to develop a comprehensive plan under RCW. What Are a Tenants Rights in Washington? This fee is not a security deposit and will not be refunded when you move. (5)(a) A landlord who receives notice that the rent due has been deposited with an escrow pursuant to subsection (2) of this section may: (i) Apply to the escrow for release of the funds after the local government certifies that the repairs to the conditions listed in the notice under subsection (3) of this section have been properly repaired. (b) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends, in compliance with RCW, (c)(i) Whenever a landlord plans to demolish or substantially rehabilitate premises or plans a change of use of premises, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends. (1)(a) Any provision of a lease or other agreement, whether oral or written, whereby any section or subsection of this chapter is waived except as provided in RCW, (b) Any agreement, whether oral or written, between a landlord and tenant, or their representatives, and entered into pursuant to an unlawful detainer action under this chapter that requires the tenant to pay any amount in violation of RCW. An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent. To that end, they are also legally required to do the following: Washington landlords can initiate and complete the eviction process in one to three months (or longer). About one million tenants are currently in Washington, meaning that this is a great state for landlords to lease their rental property. A copy of the order, together with a copy of the summons and complaint if not previously served upon the defendant, shall be served upon the defendant. After seven days from the date the notice is mailed or delivered to the tenant, the landlord may sell or dispose of the property. . If your landlord repeatedly violates the tenants rights to privacy or removes windows or doors, turns off utilities, or changes the locks, the tenant would be considered constructively evicted, as described above. A record of the report to a qualified third party that is provided to the tenant or household member shall consist of a document signed and dated by the qualified third party stating: (i) That the tenant or the household member notified him or her that he or she was a victim of an act or acts that constitute a crime of domestic violence, sexual assault, unlawful harassment, or stalking; (ii) the time and date the act or acts occurred; (iii) the location where the act or acts occurred; (iv) a brief description of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking; and (v) that the tenant or household member informed him or her of the name of the alleged perpetrator of the act or acts. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as nonrefundable fees.
Service by facsimile is complete upon successful transmission to the facsimile number listed upon the summons; (d) As otherwise authorized by the superior court civil rules. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises. In any action, including actions pursuant to chapters. Landlord to give notice if tenant fails to carry out duties, Tenant's failure to comply with statutory duties. day of . If you choose to pay a recurring monthly fee instead of a security deposit, then you are permitted at any time to pay the landlord a security deposit in the amount of $__________ and stop paying the recurring fee beginning in the month following payment of the security deposit. (e) All warrants must include at least the following: (i) The name of the agency and building official requesting the warrant and authorized to conduct an inspection pursuant to the warrant; (ii) A reasonable description of the premises and items to be inspected; and. (18) "Orders" means written official military orders, or any written notification, certification, or verification from the service member's commanding officer, with respect to the service member's current or future military status. The landlord must store the property if the tenant serves a written request to do so on the landlord or the landlord's representative by any of the methods described in RCW. Also, the legislature finds that victims of these crimes are further victimized when they are unable to obtain or retain rental housing due to their history as a victim of these crimes. . Also, Washington allows individual counties to raise or lower the aforementioned filing limits. . . (Defendant's Name), . (e) Shall not be considered by a court, arbitrator, mediator, or any other dispute resolution adjudicator to be a security deposit or governed by state or local codes governing security deposits. This notice may be delivered or mailed to the landlord or the landlord's representative at the following address: This notice may also be served by facsimile to the landlord or the landlord's representative at: IF YOU WANT YOUR LANDLORD TO STORE YOUR PROPERTY, THIS WRITTEN REQUEST MUST BE RECEIVED BY THE LANDLORD NO LATER THAN THREE (3) DAYS AFTER THE SHERIFF SERVES THE WRIT OF RESTITUTION. (5) To the extent available funds exist for rental assistance from a federal, state, local, private, or nonprofit program, the tenant or landlord may continue to seek rental assistance to reduce and/or eliminate the unpaid rent balance. On written request by the landlord, the qualified third party shall, within seven days, provide the name of the alleged perpetrator of the act to the landlord only if the alleged perpetrator was a person meeting the definition of the term "landlord" under RCW, (b) A tenant who terminates his or her rental agreement under this subsection is discharged from the payment of rent for any period following the latter of: (i) The date the tenant vacates the unit; or (ii) the date the record of the report of the qualified third party and the written notice that the tenant has vacated are delivered to the landlord by mail, fax, or personal delivery by a third party. . (1) It shall be unlawful for a landlord to require a fee or deposit from a prospective tenant for the privilege of being placed on a waiting list to be considered as a tenant for a dwelling unit.
The landlord has rights, such as, the right to the interest earned by security deposit or to recover payment for damages caused beyond normal wear and tear.
(1) A landlord must accept a personal check, cashier's check, or money order for any payment of rent made by a tenant, except that a landlord is not required to accept a personal check from any tenant that has had a personal check written to the landlord or the landlord's agent that has been returned for nonsufficient funds or account closure within the previous nine months. (b) If the landlord places the property in storage pursuant to subsection (1)(a) of this section, the landlord shall mail a second written notice, unless a written notice under (a) of this subsection has already been provided, to any known personal representative, known designated person, emergency contact identified by the tenant on the rental application, known person reasonably believed to be a successor of the tenant as defined in RCW. A court must impose this penalty in an amount necessary to deter future violations, payable to the tenant bringing the action. For additional local resources, you can also contact a housing counseling agency. (3) A local municipality may only require a certificate of inspection on a rental property once every three years. This ordinance also limits the amounts and values of certain fees charged by landlords. (3)(a) If a tenant representative has not contacted the landlord or removed the deceased tenant's property within the applicable time periods under this section, the landlord may sell or dispose of the deceased tenant's property, except for personal papers and personal photographs, as provided in this subsection. (g) In addition to the penalties set forth in (f) of this subsection, interest will accrue on the amount of relocation assistance paid by the city, town, county, or municipal corporation for which the property owner has not reimbursed the city, town, county, or municipal corporation. . This section does not release a cotenant, other than a household member who is the victim of domestic violence, sexual assault, or stalking, from liability or obligations under the rental agreement. Note - payment must be made pursuant to the terms of the rental agreement or by nonelectronic means including, but not limited to, cashier's check, money order, or other certified funds. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. (25) "Prospective tenant" means a tenant or a person who has applied for residential housing that is governed under this chapter. (C) Offer the tenant an installment plan to pay any remaining balance for the security deposit over three months; (d) May be a recurring monthly fee, or payable upon any schedule and in any amount that the landlord and tenant choose, provided that the first month's fee is a nonrefundable fee as contemplated under RCW. The legislature further finds that victims of these crimes who do not have access to safe housing are more likely to remain in or return to abusive or dangerous situations. If the perpetrator has been identified by the qualified third party and is no longer an employee or agent of the landlord or owner and does not reside at the property, the tenant shall provide the owner or owner's designated agent with a copy of the key to the new locks at the same time as providing notice that the tenant does not wish to terminate his or her rental agreement. (ii) Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, the landlord rents the unit to someone other than the former tenant, or the landlord otherwise indicates that the owner does not intend to sell the unit; (f) The tenant continues in possession of the premises after the landlord serves the tenant with advance written notice pursuant to RCW, (g) The tenant continues in possession after the owner elects to withdraw the premises to pursue a conversion pursuant to RCW. by (d) If a court determines a diminished rental value of the premises, the tenant may pay the rent due based on the diminished value of the premises into escrow until the landlord makes the necessary repairs. If the landlord fails to complete payment of relocation assistance within the period required under this subsection, the city, town, county, or municipal corporation may advance the cost of the relocation assistance payments to the displaced tenants. Mandatory Disclosures in Washington domestic violence as defined by RCW, . (3)(a) Notwithstanding any other provision under this section, if a tenant or a household member is a victim of sexual assault, stalking, or unlawful harassment by a landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement or under this chapter prior to making a copy of a valid order for protection or a written record of a report signed by a qualified third party available to the landlord, provided that: (i) The tenant must deliver a copy of a valid order for protection or written record of a report signed by a qualified third party to the landlord by mail, fax, or personal delivery by a third party within seven days of quitting the tenant's dwelling unit; and, (ii) A written record of a report signed by the qualified third party must be substantially in the form specified under subsection (1)(b) of this section. 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