(e) The tenant may not change any locks to common areas and must make keys for new locks available to other household members. In all other cases, the tenant may elect to pay any deposits, nonrefundable fees, and last month's rent in two consecutive and equal monthly installments, beginning at the inception of the tenancy. 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. Mandatory Disclosures in Washington (9) A penalty for noncompliance under this section may be assessed by a local municipality. Elizabeth Souza. The landlord shall not commence an unlawful detainer action for nonpayment of rent by serving or filing a summons and complaint if the tenant initially pays the rent called for in the rental agreement that is due into escrow as provided for under this section on or before the date rent is due or on or before the expiration of a three-day notice to pay rent or vacate and continues to pay the rent into escrow as the rent becomes due or prior to the expiration of a three-day notice to pay rent or vacate; provided that the landlord shall not be barred from commencing an unlawful detainer action for nonpayment of rent if the amount of rent that is paid into escrow is less than the amount of rent agreed upon in the rental agreement between the parties. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. The landlord may store the property in any reasonably secure place, including the premises, and sell or dispose of the property as provided under subsection (3) of this section. The prevailing party may recover the costs of suit or arbitration and reasonable attorneys' fees. . Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorneys' fees subject to subsections (3) and (4) of this section. (b) "Fire official" means any fire official authorized to enforce the state or local fire code. When the landlord must commence to remedy the defective condition within ten days as provided in RCW, (3) If the landlord fails to carry out the duties imposed by RCW. (2) The landlord may not charge a late fee for rent that is paid within five days following its due date. (24) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. The jury, or the court, if the proceedings are tried without a jury, shall also assess the damages arising out of the tenancy occasioned to the landlord by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved at trial, and, if the alleged unlawful detainer is based on default in the payment of rent, find the amount of any rent due, and the judgment shall be rendered against the tenant liable for the forcible entry, forcible detainer, or unlawful detainer for the amount of damages thus assessed, for the rent, if any, found due, and late fees if such fees are due under the lease and do not exceed seventy-five dollars in total. 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. The record of the report provided to the tenant or household member shall not include the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking. (6) If a landlord knowingly violates this section, the landlord is liable to the deceased tenant's estate for actual damages. In addition, displaced tenants shall be entitled to recover any actual damages sustained by them as a result of the condemnation, eviction, or displacement that exceed the amount of relocation assistance that is payable. (2) The office of the attorney general shall also provide on its website information on where tenants can access legal or advocacy resources, including information on any immigrant and cultural organizations where tenants can receive assistance in their primary language. Can a Landlord Enter Without Permission in Washington? (4)(a) A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection under this section. (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. Adverse action on your application was based on the following: .. Information contained in a consumer report (The prospective landlord must include the name, address, and phone number of the consumer reporting agency that furnished the consumer report that contributed to the adverse action. (b) Dispute resolution centers are encouraged to notify the housing justice project or northwest justice project located within or serving the county in which the dispute resolution center is located, as appropriate, once notice is received from the landlord under this subsection. (i) The name, address, and phone number or other contact information for the tenant representative, if known, who made the arrangements to pay rent in advance; (ii) The amount of rent paid in advance and date through which rent was paid; and. Applicability to certain single-family dwelling leases. Forcible entry or detainer or unlawful detainer actions. Please read our full Tenant Union Disclaimer. Common examples include the general wearing of carpets, fading paint from sunlight, minor scuffs, or dirty grout. (2) When service on the tenant or tenants is accomplished by this alternative procedure, the court's jurisdiction is limited to restoring possession of the premises to the landlord and no money judgment may be entered against the tenant or tenants until such time as jurisdiction over the tenant or tenants is obtained. (a) No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if they file as an individual and the amount claimed is less than $10,000. . The legislature finds and declares that the ability to feel safe and secure in one's own home and in one's own community is of primary importance. (d) Licensed mental health professionals or other licensed counselors; (e) Employees of crime victim/witness programs as defined in RCW, (f) Members of the clergy as defined in RCW, (6) "Sexual assault" has the same meaning as set forth in RCW, (7) "Stalking" has the same meaning as set forth in RCW. (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. Before entry of a judgment or until five court days have expired after entry of the judgment, the tenant or any subtenant, or any mortgagee of the term, or other party interested in the continuance of the tenancy, may pay into court or to the landlord the amount of the rent due, any court costs incurred at the time of payment, late fees if such fees are due under the lease and do not exceed seventy-five dollars in total, and attorneys' fees if awarded, in which event any judgment entered shall be satisfied and the tenant restored to his or her tenancy. Enforcement of orders restricting contact. . (1) A landlord may not charge or impose any late fees or other charges against any tenant for the nonpayment of rent that became due between March 1, 2020, and six months following the expiration of the eviction moratorium. (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. (10) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes. If any additional inspections of the rental property are conducted, a copy of the findings of these inspections may also be required by the local municipality. . The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s) and at the following location(s): . . (2) A tenant may, without request from the landlord, designate a person to act for the tenant on the tenant's death when the tenant is the sole occupant of the dwelling unit by providing the landlord with the information and signing a statement as provided in subsection (1) of this section. YOU SHOULD RETAIN PROOF OF SERVICE. Washington state law may allow you three different options: (1) Paying the full security deposit upon signing the lease. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit. (iii) The insurer denied the claim because the landlord submitted insufficient documentation or proof to substantiate the claim. (f) If, after sixty days from the date that the city, town, county, or municipal corporation first advanced relocation assistance funds to the displaced tenants, a landlord has failed to repay the amount of relocation assistance advanced by the city, town, county, or municipal corporation under (c) of this subsection, then the city, town, county, or municipal corporation shall assess civil penalties in the amount of fifty dollars per day for each tenant to whom the city, town, county, or municipal corporation has advanced a relocation assistance payment. This subsection does not apply to tenants residing in subsidized housing. WebWashington State Office of the Attorney General - Landlord/Tenant Legal assistance Columbia Legal Services Northwest Justice Project Need Help? (1) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected. If at any time during the tenancy the landlord fails to carry out the duties required by RCW. The escrow shall release the funds to the landlord less any escrow costs for which the tenant is entitled to reimbursement pursuant to this section, immediately upon written receipt of the local government certification that the repairs to the conditions listed in the notice under subsection (3) of this section have been properly completed. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due. The landlord shall accept any written pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of both the amount of rent due, including any current rent, and other amounts if required under this subsection. Mandatory Disclosures in Washington . The prevailing landlord or tenant may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys' fees. Updates on these legislative efforts can be found on the citys website. The prevailing party in any court action or arbitration brought under this section may also be awarded its costs and reasonable attorneys' fees. (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life; (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and. by If I/we fail to pay these costs, the landlord may sell or dispose of the property pursuant to and within the time frame permitted under RCW, IF NO ADDRESS IS PROVIDED, NOTICE OF SALE WILL BE SENT TO THE LAST KNOWN ADDRESS OF THE TENANT(S). (1) If at any time during the tenancy the tenant fails to carry out the duties required by RCW. (25) "Prospective tenant" means a tenant or a person who has applied for residential housing that is governed under this chapter. (b) Any designation must be in writing, be separate from the rental agreement, and include: (i) The designated person's name, mailing address, any address used for the receipt of electronic communications, and telephone number; (ii) A signed statement authorizing the landlord in the event of the tenant's death when the tenant is the sole occupant of the dwelling unit to allow the designated person to: Access the tenant's dwelling unit, remove the tenant's property, receive refunds of amounts due to the tenant, and dispose of the tenant's property consistent with the tenant's last will and testament and any applicable intestate succession law; and. Laws in Washington state provide a specific set of rules that landlords and tenants have to comply with if they want to keep a safe and healthy leasing relationship. . (b)(i) The landlord may charge a prospective tenant for costs incurred in obtaining a tenant screening report only if the prospective landlord provides the information as required in (a) of this subsection. The prevailing party may recover his or her costs of suit and a reasonable attorneys' fee. (1) The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the tenant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The relocation assistance may be paid from proceeds collected from the excise tax imposed under RCW. . (2) No rental agreement may provide that the tenant: (a) Agrees to waive or to forgo rights or remedies under this chapter; or, (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or, (c) Agrees to pay the landlord's attorneys' fees, except as authorized in this chapter; or, (d) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith; or, (e) And landlord have agreed to a particular arbitrator at the time the rental agreement is entered into; or, (f) Agrees to pay late fees for rent that is paid within five days following its due date. Month-to-month tenants in Washington must always provide 20 days of advance notice before terminating their lease. . Instead, a court may view the landlord's unlawful actions as landlord harassment. Such policies, procedures, or regulations shall include provisions for administrative hearings to resolve disputes between tenants and property owners relating to relocation assistance or unlawful detainer actions during relocation, and shall require a decision within thirty days of a request for a hearing by either a tenant or property owner. (2) A landlord shall send a second written notice before selling or disposing of a deceased tenant's property. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior court, and such court shall have jurisdiction to issue an appropriate order. OWNER/LANDLORD:___________DATE:______________, (2) Upon expiration of the eviction resolution pilot program established under RCW, (a) The landlord must also provide the notice required in this section to the dispute resolution center located within or serving the county in which the dwelling unit is located. (5) This section shall apply to this chapter and chapter, (1) Every 14-day notice served pursuant to RCW. The information must be provided by the landlord to new tenants at the time the lease or rental agreement is signed; (14) The landlord and his or her agents and employees are immune from civil liability for failure to comply with subsection (13) of this section except where the landlord and his or her agents and employees knowingly and intentionally do not comply with subsection (13) of this section; and, (15) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. (d) Before issuing an inspection warrant, the judge shall find that the applicant has: (i) Provided written notice of the date, approximate time, and court in which the applicant will be seeking the warrant to the owner and, if the applicant reasonably believes the dwelling unit or rental property to be inspected is in the lawful possession of a tenant, to the tenant; and (ii) posted a copy of the notice on the exterior of the dwelling unit or rental property to be inspected. 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