(5) Not permit a nuisance or common waste; (6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. Is Washington a Landlord Friendly State? (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. (3)(a) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling will be condemned or will be unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord, who knew or should have known of the existence of these conditions, shall be required to pay relocation assistance to the displaced tenants except that: (i) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and directly results from conditions caused by a tenant's or any third party's illegal conduct without the landlord's prior knowledge; (ii) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and results from conditions arising from a natural disaster such as, but not exclusively, an earthquake, tsunami, windstorm, or hurricane; and. (5) In any action brought for a violation of this section, a landlord may be liable for the amount of the fee or deposit charged. Washington landlords must apply rent payments to rent first, even if the tenant owes other unpaid charges ( RCW 59.18.283 ). Proceedings under this subsection shall be governed by the time, service, and filing requirements of RCW. (1) The agreement may not appear in a standard form lease or rental agreement; (2) There is no substantial inequality in the bargaining position of the two parties; (3) The exemption does not violate the public policy of this state in favor of the ensuring safe, and sanitary housing; and. The Landlord-Tenant Act defines domestic violence as a pattern of abusive behavior (physical, sexual, verbal, emotional, or psychological) used by someone to control an intimate partner. (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. The amount charged may not exceed the customary costs charged by a screening service in the general area. (e) The tenant may not change any locks to common areas and must make keys for new locks available to other household members. (6) The landlord shall not abuse the right of access or use it to harass the tenant, and shall provide notice before entry as provided in this subsection. Initiation by the landlord of any action listed in RCW. 7 Landlord Actions That Are Not Considered Harassment, Get an Injunctive Order from the Court to Stop the Behavior. Month-to-month tenants in Washington must always provide 20 days of advance notice before terminating their lease. The Attorney Generals Office translated this Eviction Resolution Program notice into 17languages commonly-spoken in Washington. THIS IS NOTICE THAT YOU ARE IN DEFAULT OF YOUR RENT AND/OR PAYMENT PLAN ORDERED BY THE COURT. Remember that the key to avoiding disputes is communicating with the other parties involved to understand their rights and terms for leasing a property. If a writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required. Seventeen translated notice forms can be found below. If at any time during the tenancy the landlord fails to carry out the duties required by RCW. . (Defendant's Name), . En el 2019, la Asamblea Legislativa del Estado de Washington aprob y el Gobernador Inslee firm una ley que obligaba a los arrendadores a notificar al inquilino al menos 14 das antes de iniciar un proceso de desalojo, y elabor un nuevo formulario de notificacin que los arrendatarios deben enviar a los inquilinos en caso de que no paguen el alquiler, los servicios pblicos u otros cargos peridicos establecidos en el contrato de arrendamiento. Alternatively, you may find additional information to help you at http://www.washingtonlawhelp.org"; (d) The name and contact information of the landlord, the landlord's attorney, if any, and the tenant; and, (e) The following statement: "Failure to respond to this notice within 14 days may result in the filing of a summons and complaint for an unlawful detainer action with the court.". (c) After a landlord receives notice that a tenant has changed or added locks to his or her dwelling unit under (a) of this subsection, the landlord may not enter the tenant's dwelling unit except as follows: (i) In the case of an emergency, the landlord may enter the unit if accompanied by a law enforcement or fire official acting in his or her official capacity. Landlords cannot evict tenants for unpaid late fees or other charges that are not monthly rental payments ( RCW 59.18.283 ). . . (2) If a landlord knowingly violates subsection (1) of this section, the tenant shall recover either three months' periodic rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, costs of suit, or arbitration and reasonable attorneys' fees. Sanadkii 2019, Sharci Dejinta Gobolka Washington ayaa ansixiyey oo Guddoomiye Inslee ayaa saxeexaysharciga looga baahan yahay mulkiilayaasha inay ogeysiiyaan ugu yaraan 14 maalmood ka hor inta aysan bilaabin howsha ka saarista, oo ay abuuraan foom ogeysiis cusub oo mulkiileyaashu ay tahay inay ugu diraan kiraystayaasha haddii ay bixin waayaan kirada, yutiilitida ama kharash kale ee waqtiyaysan ee lagu heshiiyay heshiiska kiradda. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2020 - 2023 Will & Will, Attorneys At Law. The qualified third party shall keep a copy of the record of the report and shall note on the retained copy the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking. (c) Other tenants who are parties to the rental agreement, except household members who are the victims of sexual assault, stalking, unlawful harassment, or domestic violence, are not released from their obligations under the rental agreement or other obligations under this chapter. The landlord must provide the disclosure form with any lease and renewal that includes the option to pay a fee instead of a security deposit. 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. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date and time. (5) Any repair work performed under the provisions of this section shall comply with the requirements imposed by any applicable code, statute, ordinance, or regulation. The tenant shall remain liable for the rent for the month in which he or she terminated the rental agreement unless the termination is in accordance with RCW, (b)(i) Notwithstanding lease provisions that allow for forfeiture of a deposit for early termination, a tenant who terminates under this section is entitled to the return of the full deposit, subject to RCW, (ii) If the landlord seeks reimbursement for damages from the landlord mitigation program pursuant to RCW. In this case, the Washington state isn't considered a landlord-friendly state, but rather a tenant-friendly state; this is because there are many obligatory disclosures that landlords must provide their prospective tenant at the time of signing the lease document. (d) The exercise of rights to change or add locks under this subsection does not discharge the tenant from the payment of rent until the rental agreement is terminated and the tenant vacates the unit. / Click here for a printable document, 20191414141212, / Click here for a printable document, 14 2019 14 12 , / Click here for a printable document. Building Infrastructure (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. . Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' written notice of his or her intent to enter and shall enter only at reasonable times. . (30) "Rental agreement" or "lease" means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit. 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. (2)(a) Within ten days from the time the notice and demand is served, the landlord has a duty to take reasonable steps to investigate the tenant's alleged noncompliance with RCW, (b) If, after reasonable investigation, the landlord finds that the tenant is not in compliance with RCW, (c) If, after reasonable investigation, the landlord finds that the tenant is in compliance with RCW, (3) The person who served the notice and demand may petition the appropriate court to have the tenancy terminated and the tenant removed from the premises if: (a) Within ten days of service of the notice and demand, the tenant fails to discontinue the gang-related activity and the landlord fails to conduct a reasonable investigation; or (b) the landlord notifies the person that the landlord conducted a reasonable investigation and found that the tenant was not engaged in gang-related activity as prohibited under RCW, (4) If the court finds that the tenant was not in compliance with RCW. (b) The burden of proof for such relief under this subsection (3) shall be on the tenant. Rental Agreement When a landlord and tenant agree to the terms for the rental of prop- If they do, they may face penalties for precipitating an illegal lockout. Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. (g) Agrees to make rent payments through electronic means only. 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. It is more than following someone around or making unwanted comments. . If the tenant has vacated the premises or if the landlord has failed to commence an action with the court for release of the funds within sixty days after rent is deposited in escrow, the tenant may file an action to determine how and when any rent deposited in escrow shall be released or disbursed. (7)(a) The landlord shall provide written notification of his or her intent to enter an individual unit for the purposes of providing a local municipality with a certificate of inspection in accordance with RCW, (b) A tenant who continues to deny access to his or her unit is subject to RCW. Nothing in this section shall affect a landlord's liability under RCW, Whenever the landlord learns of a breach of RCW. Renters Mold problems in buildings are a result of water and moisture problems. . (year), Signature of authorized officer/employee of (Organization, agency, clinic, professional service provider), (2)(a) A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the last day of the month of the quitting date. . The tenant has the legal right to know where their deposit is being stored, so the landlord has to provide that information if it's requested. (2) When the tenant is liable for unlawful detainer after a default in the payment of rent, execution upon the judgment shall not occur until the expiration of five court days after the entry of the judgment. 2019 , , (Jay Inslee) , , 14 , , , , , , . 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. In Washington, tenants who suffered harm as a result of their landlord's sexual harassment are entitled to recover actual damages, emotional damages and may recover their reasonable attorneys' fees spent in prosecuting their case. If the property that is being stored has a cumulative value of two hundred fifty dollars or less, then the landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes. 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. A local municipality does not need to have a business license or registration program in order to require that landlords provide a certificate of inspection. In 2021, the Washington State Legislature passed and Governor Inslee signed legislation , which requires landlords to invite tenants to participate in their local county superior court's Eviction Resolution Program before a landlord is allowed to file an unlawful detainer action (eviction proceeding) for non-payment of rent. (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. In processing any application from a remaining occupant under this subsection, the landlord may require the occupant to meet the same screening, background, and financial criteria as would any other prospective tenant to continue the tenancy. The Landlord Survivor Relief program can award payments of up to $5,000 for damages directly to the landlord when the conditions below are met. (4) Any judicial action or other collection activity by a landlord to recover losses from a tenant who has paid a fee in lieu of a security deposit and has vacated the dwelling unit, including for unpaid rent, unpaid fees, or the costs of repairing damages in excess of wear resulting from ordinary use of the premises, shall be commenced within one year of the termination of the rental agreement or the tenant's abandonment of the premises and shall otherwise comply with the requirements in RCW. 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. (4) At the time of service or mailing of the pay or vacate notice and additional notice to the tenant, a landlord must also send copies of these notices to the local dispute resolution center serving the area where the property is located. (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 city of Tacoma maintains a Tenant Rights Ordinance. These interim landlord-tenant protections, contained in Proclamation 21-09.2, will end at 11:59 p.m. on October 31, 2021. There's an exception in the city of Seattle, where the security deposit amount may not be higher than one month s rent. (3) A landlord may not request a fee or deposit to hold a dwelling or secure that the prospective tenant will move into the dwelling unit in excess of twenty-five percent of the first month's rent as described in RCW. The Attorney Generals Office collected information for tenants about legal and advocacy resources, including immigrant and cultural organizations where tenants can receive assistance in their primary language. [CDATA[*/ (function() { var sz = document.createElement('script'); sz.type = 'text/javascript'; sz.async = true; sz.src = '//siteimproveanalytics.com/js/siteanalyze_460.js'; var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(sz, s); })(); /*]]>*/, 2022 Washington State Department of Commerce. (i) Any person who willfully refuses to permit inspection, obstructs inspection, or aids in the obstruction of an inspection of property authorized by warrant issued pursuant to this section is subject to remedial and punitive sanctions for contempt of court under chapter. 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. . . Some examples include: There are many actions that are within the legal rights of a landlord. Domestic Violence & Harassment Definitions Domestic Violence & Harassment Resources Domestic Violence Protections for Renters Protections in Federally Subsidized Housing Threats from Neighbors or the Landlord Domestic Violence & Harassment FAQ Retaliation Retaliation Protections Retaliation FAQ Resources Renters Resources COVID-19 Resources (1) If the tenant defaults in the payment of rent and reasonably indicates by words or actions the intention not to resume tenancy, the tenant shall be liable for the following for such abandonment: PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment: (a) When the tenancy is month-to-month, the tenant shall be liable for the rent for the thirty days following either the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs. This subsection (2)(k) does not apply to tenants whose tenancies are or have become periodic; (l) The tenant continues in possession after having received at least 30 days' advance written notice to vacate due to intentional, knowing, and material misrepresentations or omissions made on the tenant's application at the inception of the tenancy that, had these misrepresentations or omissions not been made, would have resulted in the landlord requesting additional information or taking an adverse action; (m) The tenant continues in possession after having received at least 60 days' advance written notice to vacate for other good cause prior to the end of the period or rental agreement and such cause constitutes a legitimate economic or business reason not covered or related to a basis for ending the lease as enumerated under this subsection (2). 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). If a landlord knowingly uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her, statutory damages not to exceed two times the monthly rent charged for the unit, costs of suit, and reasonable attorneys' fees. The proposed rent due date may not be more than five days after the date the rent is due in the rental agreement. . If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least three days' written notice specifying the violation and the date and time of termination of the rental agreement. What was the motive? Growing the Economy 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. (1) The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement. (f) Any other information that relates to the efficacy of the pilot program. The Attorney Generals Office has created the following guide to SB 5160 to help landlords and tenants understand their rights and responsibilities under that new law: County-Specific Resources for Tenants and Landlords 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. However, if there's an emergency happening, the landlord can enter without permission. A written record of a report signed by a qualified third party must be substantially in the form specified under subsection (1)(b) of this section. Filing False Charges or False Eviction Against the Tenant. Comply with the requirements of city, county, or state regulations. Manufactured Housing Dispute Resolution Program, Tenancy Preservation A Bridge to E2SSB 5160, here, (Ukrainian) , . Domestic violence. However, keep in mind that there is no limit for the amount a landlord can charge for the security deposit, according to the local law. 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. Domestic Violence & Harassment Resources. (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 court may impose sanctions, in addition to attorneys' fees, on a person who has brought an action under this chapter against the same tenant on more than one occasion, if the court finds the petition was brought with the intent to harass. (33) "Subsidized housing" refers to rental housing for very low-income or low-income households that is a dwelling unit operated directly by a public housing authority or its affiliate, or that is insured, financed, or assisted in whole or in part through one of the following sources: (a) A federal program or state housing program administered by the department of commerce or the Washington state housing finance commission; (b) A federal housing program administered by a city or county government; (c) An affordable housing levy authorized under RCW. . (b) After the tenant provides notice to the landlord that the tenant has changed or added locks, the tenant's rental agreement shall terminate on the ninetieth day after providing such notice, unless: (i) Within sixty days of providing notice that the tenant has changed or added locks, the tenant notifies the landlord in writing that the tenant does not wish to terminate his or her rental agreement. . (ii) File an action with the court and apply to the court for release of the rent on the grounds that the tenant did not comply with the notice requirement of subsection (2) or (3) of this section. The relationship between landlord and tenant is not always peaceful. (5) "Qualified third party" means any of the following people acting in their official capacity: (b) Persons subject to the provisions of chapter. (2) A landlord who replaces a lock or configures for a new key of a residential housing unit in accordance with subsection (1) of this section shall be held harmless from liability for any damages that result directly from the lock change. (2) A landlord may refuse to accept cash for any payment of rent made by a tenant, but shall provide a receipt for any payment made by a tenant in the form of cash when the landlord accepts cash. The arbitrator shall have the power to administer oaths, to issue subpoenas, to require the attendance of witnesses and the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator material to a just determination of the issues in dispute. Sexual Harassment. The landlord and tenant may agree in writing to submit any dispute arising under the provisions of this chapter or under the terms, conditions, or performance of the rental agreement, to mediation by an independent third party. Those who have been victims of harassment deserve justice. The notice of default must be in substantially the following form: NOTICE OF DEFAULT FOR RENT AND/OR PAYMENT PLAN ORDERED BY COURT. . (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. When the landlord relies on this basis for ending the tenancy, the court may stay any writ of restitution for up to 60 additional days for good cause shown, including difficulty procuring alternative housing. eviction process and laws for Washington. When there is a written rental agreement for the premises, the landlord shall provide an executed copy to each tenant who signs the rental agreement. (3) The form required in this section does not abrogate any additional notice requirements to tenants as required by federal, state, or local law. (b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as required under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement or under this chapter. (c) If the tenant fails to pay a request by an insurer or collector for reimbursement under this subsection, the party seeking reimbursement may not commence collection activities against the tenant less than 60 days after sending a request for reimbursement and providing documentation as required under (b) of this subsection. 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