In a 1985 decision, the Washington Supreme Court ruled that the Consumer Protection Act does not cover violations of theResidential Landlord-Tenant Act. Breanne W. Martin. However, in Seattle, the landlord may need to send a 60 days' notice before raising rent from 10% onwards. (3) The summons for unlawful detainer actions for tenancies covered by this chapter shall be substantially in the following form: THIS IS AN IMPORTANT LEGAL DOCUMENT TO EVICT YOU. Reasonable notice of such hearings shall be given to the parties, who shall appear and be heard either in person or by counsel or other representative. Were ready to do the same for you. 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. Also, Washington allows individual counties to raise or lower the aforementioned filing limits. David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. There is a rebuttable presumption that the owner did not act in good faith if the owner or immediate family fails to occupy the unit as a principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit pursuant to a notice to vacate using this subsection (2)(d) as the cause for the lease ending; (e) The tenant continues in possession after the owner elects to sell a single-family residence and the landlord has provided at least 90 days' advance written notice of the date the tenant's possession is to end. After seven days from the date the notice is mailed or delivered to the tenant, the landlord may sell or dispose of the property. (1) It is unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. . (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) 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 prevailing party may also recover court costs and reasonable attorneys' fees. Affordable, decent housing for all. . If rent is more than five days past due, the landlord may charge late fees commencing from the first day after the due date until paid. The amount charged may not exceed the customary costs charged by a screening service in the general area. . However, if the landlord decides to discontinue providing the option of paying a fee in lieu of a security deposit, the landlord shall: (A) Provide 60 days' notice to the tenant prior to end of term or period; (B) Reduce the deposit by the amount of a tenant's previous fee payments in lieu of the deposit; and. (2) In the event of such abandonment of tenancy and an accompanying default in the payment of rent by the tenant, the landlord may immediately enter and take possession of any property of the tenant found on the premises and may store the same in any reasonably secure place. Legal resources, crisis counseling, tenant activism. (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. The tenant does not have a right to cure this subsequent violation. (iii) File an action with the court and apply to the court for release of the rent on the grounds that there was no violation of any obligation imposed upon the landlord or that the condition has been remedied. Renters Mold problems in buildings are a result of water and moisture problems. 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. Arlington, WA 98223. (iii) For the purposes of allowing ample time for the insurance company to consider the landlord's insurance policy, including coverage and sufficiency of the claims and documentation submitted, including appeals, if any, of the insurer's claims decision, not undertake any collection activity for any debt against the tenant until 60 days after notifying the tenant and providing the documentation pursuant to (a)(i) and (ii) of this subsection, whichever is later. (f) The service member has leased the property, but prior to taking possession of the rental premises, receives change of station orders to an area that is 35 miles or more from the location of the rental premises. As for rent increases, landlords may raise rental prices if they want, but they must send a 30-day notice (one month) to the tenant. (4) For the purposes of subsection (1) of this section, the exercise of due diligence is met if the landlord attempts personal service on the tenant at least three times over not less than two days and at different times of the day. eviction process and laws for Washington. (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. The eviction will not be postponed or stopped unless a copy of that written agreement is provided to the sheriff. (h) If the city, town, county, or municipal corporation must initiate legal action in order to recover the amount of relocation assistance payments that it has advanced to low-income tenants, including any interest and penalties under (f) and (g) of this subsection, the city, town, county, or municipal corporation shall be entitled to attorneys' fees and costs arising from its legal action. If the prospective tenant does not occupy the dwelling unit, then the landlord may keep up to the full amount of any fee or deposit that was paid by the prospective tenant to secure the tenancy, so long as it is in accordance with the written statement of conditions furnished to the prospective tenant at the time the fee or deposit was charged. (7) Any superior court, in collaboration with the dispute resolution center that is located within or serving the same county, participating in the eviction resolution pilot program must report annually to the administrative office of the courts beginning January 1, 2022, until January 1, 2023, on the following: (a) The number of unlawful detainer actions for nonpayment of rent that were subject to program requirements; (b) The number of referrals made to dispute resolution centers; (c) The number of nonpayment of rent cases resolved by the program; (d) How many instances the tenant had legal representation either at the conciliation stage or formal mediation stage; (e) The number of certifications issued by dispute resolution centers and filed by landlords with the court; and. Many tenants are unaware of their rights under federal fair credit reporting laws to dispute information that may be inaccurate. If you believe you are a qualifying low-income renter and would like an attorney appointed to represent you, please contact the Eviction Defense Screening Line at 855-657-8387 or apply online at https://nwjustice.org/apply-online. The landlord must: Make sure the apartment meets all state and local codes. (16) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. . (B) "Change of use" means: (I) Conversion of any premises from a residential use to a nonresidential use that results in the displacement of an existing tenant; (II) conversion from one type of residential use to another type of residential use that results in the displacement of an existing tenant, such as conversion to a retirement home, emergency shelter, or transient hotel; or (III) conversion following removal of use restrictions from an assisted housing development that results in the displacement of an existing tenant: PROVIDED, That displacement of an existing tenant in order that the owner or a member of the owner's immediate family may occupy the premises does not constitute a change of use. . (2) If applicable, paying the full security deposit and other move-in fees in up to three installments (see below for more detail). HTML PDF. What Are a Tenants Rights in Washington? . (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. (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. What Is Considered Landlord Harassment In Washington State? Refusing to Accept Rent Payments as a Means of Intimidation. 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. Notice to tenant to remedy nonconformance. These include: If a tenant feels they have been a victim of landlord harassment, the tenant has several options: Many states have specific laws to help protect their tenants from landlord harassment. If the landlord cannot give tenants these repairs, they may exercise theirrepair and deductright. (4) Within five days after conclusion of the hearing, the arbitrator shall make a written decision upon the issues presented, a copy of which shall be mailed by certified mail or otherwise delivered to the parties or their designated representatives. Vn phng tng chng l thu thp thng tin cho nhng ngi thu v cc ngun ti liu php l v t tng, bao gm cc t chc vn ho v nhp c m ngi thu c th nhn c tr gip bng ngn ng chnh ca mnh. A landlord may perform these actions to disrupt the tenant's quiet, peaceful enjoyment of the rental unit, force the tenant to move from the unit or force the tenant to refrain from pursuing a legal right they have.. However, for any tenancy of an indefinite period in existence as of May 10, 2021, if the landlord and tenant enter into a rental agreement between May 10, 2021, and three months following the expiration of the governor's proclamation 20-19.6 or any extensions thereof, the landlord may exercise rights under this subsection (1)(c) as if the rental agreement was entered into at the inception of the tenancy provided that the rental agreement is otherwise in accordance with this subsection (1)(c). (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 harassment laws Washington state has in place are meant to serve our citizens. . Please have the following required documents scanned to attach to your claim. Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. (8) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords. AT THE DIRECTION OF THE COURT THE SHERIFF MAY TAKE FURTHER ACTION. So long as the tenant is in compliance with this chapter, the landlord shall not take or threaten to take reprisals or retaliatory action against the tenant because of any good faith and lawful: (1) Complaints or reports by the tenant to a governmental authority concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenant; or. These interim landlord-tenant protections, contained in Proclamation 21-09.2, will end at 11:59 p.m. on October 31, 2021. (32) A "single-family residence" is a structure maintained and used as a single dwelling unit. 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. (3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to low-income tenants. 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. La Oficina del Procurador General tradujo esta notificacin en los 12 idiomas ms comnmente hablados en Washington. . The consumer credit report did not contain sufficient information, .. Information received from previous rental history or reference, .. Information received in a criminal record, .. Information received in a civil record, .. Information received from an employment verification, Dated this .. day of .., .(year). Upon the completion of the repair and an opportunity for inspection by the landlord or his or her designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars representing two month's rental of the tenant's unit per repair. Under Revised Code of Washington, Section 9A.46.020, any of the following actions whether in person or over the phone or internet could be considered harassment: Adding to the above, intent is not an issue. (iv) Upon payment by the department of commerce to the landlord for the remaining or total amount of the judgment, as applicable, the judgment is satisfied and the landlord shall file a satisfaction of judgment with the court. domestic violence as defined by RCW, . This act shall take effect on August 1, 1989, and shall apply to landlord-tenant relationships existing on or entered into after the effective date of this act. TO STOP A PHYSICAL EVICTION, YOU ARE REQUIRED TO PAY THE BALANCE OF YOUR RENT AND/OR PAYMENT PLAN IN THE AMOUNT OF $. (1) Domestic violence, sexual assault, and stalking are widespread societal problems that have devastating effects for individual victims, their children, and their communities. (2) If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. . Die Staatsanwaltschaft sammelte Informationen fr Mieter ber Rechts- und Anwaltsressourcen, einschlielich Einwanderungs- und Kulturorganisationen, bei denen die Mieter Untersttzung in ihrer Muttersprache erhalten knnen. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. . . (3) Pursue other remedies available under this chapter. Under this law, a landlord may offer the tenant the option of paying a fee instead of a full security deposit. Place where committed. (6) Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs himself or herself in return for cash payment or a reasonable reduction in rent. Nhng ngun ti liu ny c th tm thy ti y. A certificate of inspection does not preclude or limit inspections conducted pursuant to the tenant remedy as provided for in RCW. You may find additional information to help you at http://www.washingtonlawhelp.org. These courts do not hear eviction cases, though. (2) Assertions or enforcement by the tenant of his or her rights and remedies under this chapter. 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. It is more than following someone around or making unwanted comments. I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Renters need to notify landlords promptly, in writing, of any water leaks or moisture problems. All Rights Reserved. The prevailing party may also recover court costs and reasonable attorneys' fees. (4) Notwithstanding subsections (1), (2), and (3) of this section, federally assisted housing that is occupied on other than a transient basis by persons who are required to abstain from possession or use of alcohol or drugs as a condition of occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is characterized as rent, program fees, or other fees, costs, or charges, are covered by this chapter unless the living arrangement is exempt under RCW, The definitions in this section apply throughout this section and RCW, (1) "Credit reporting agency" has the same meaning as set forth in RCW, (2) "Domestic violence" has the same meaning as set forth in RCW. . Any landlord is eligible if their rental property is in Washington when the tenant (s) have unpaid charges for damages and are: A survivor of domestic violence, sexual assault, unlawful harassment or . The landlord shall, if provided a copy of the order, comply with the request and shall not provide copies of the new keys to the tenant restrained or excluded by the court's order. . 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. You will also find information there on how to find a lawyer or advocate at low or no cost and any available resources to help you pay your rent. 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. In addition, they are unable to increase the rent on a tenant who they have been convicted of harassing until the Division of Housing and Community Renewal lifts this ban. If a landlord in New York is convicted of a felony for physically injuring a tenant, he or she could face jail time, as well as a fine., Massachusetts has a Consumer Protection law which is designed to protect against unfair or deceptive practices, including harassment. unlawful harassment as defined by RCW. (2) A landlord shall send a second written notice before selling or disposing of a deceased tenant's property. Not negligently destroy or damage any part of the premises. (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. The amount of sale proceeds that the landlord may apply towards such costs may not exceed the actual or reasonable costs for drayage and storage of the property, whichever is less. . In 2021, the Washington State Legislature passed and Governor Inslee signedlegislation,which requires landlords to invite tenants to participate in their local county superior courts Eviction Resolution Programbeforea landlord is allowed to file an unlawful detainer action (eviction proceeding) for non-payment of rent. (7) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant. Trong nm 2019, C quan lp php tiu bang Washington v Thng c Inslee k php ch bt buc ch t gi thng bo t nht 14 ngy trc khi tin hnh th tc trc xut, v to mu thng bo mi m ch t phi gi cho ngi thu nu h khng tr tin thu, tin cc dch v tin ch hoc ph nh k khc tho thun trong hp ng thu. (6) "Designated person" means a person designated by the tenant under RCW, (7) "Distressed home" has the same meaning as in RCW, (8) "Distressed home conveyance" has the same meaning as in RCW, (9) "Distressed home purchaser" has the same meaning as in RCW. Growing the Economy . Important Update Regarding Eviction Moratorium. (c) The portion of relocation assistance not covered by the property owner under (b) of this subsection shall be paid by the city, town, county, or municipal corporation authorized to require relocation assistance under subsection (1) of this section. (c) The homeowner has a good faith belief that he or she is likely to default on the mortgage within the upcoming four months due to a lack of funds, and the homeowner has reported this belief to: (ii) A person licensed or required to be licensed under chapter, (iii) A person licensed or required to be licensed under chapter, (iv) A person licensed or required to be licensed under chapter, (vi) A mortgage counselor or other credit counselor licensed or certified by any federal, state, or local agency; or. 2019 , , (Jay Inslee) , 14 , , , , , . Any landlord who takes or detains the personal property of a tenant without the specific written consent of the tenant to such incident of taking or detention, and who, after written demand by the tenant for the return of his or her personal property, refuses to return the same promptly shall be liable to the tenant for the value of the property retained, actual damages, and if the refusal is intentional, may also be liable for damages of up to $500 per day but not to exceed $5,000, for each day or part of a day that the tenant is deprived of his or her property. 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. , , , . 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. . 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. . (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. The tenant is entitled to a pro rata refund of any prepaid rent and must receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW. Dated at . Nothing in this subsection (2)(j) prohibits the ending of a tenancy in transitional housing for any of the other causes specified in this subsection; (k) The tenant continues in possession of a dwelling unit after the expiration of a rental agreement without signing a proposed new rental agreement proffered by the landlord; provided, that the landlord proffered the proposed new rental agreement at least 30 days prior to the expiration of the current rental agreement and that any new terms and conditions of the proposed new rental agreement are reasonable. . (iii) A brief description of the purposes of the inspection. / Click here for a printable document. . When a landlord offers the tenant the choice of paying a fee in lieu of the security deposit, the landlord must disclose certain terms to the tenant in writing. Ogeysiiska 14-ka maalmood wuxuu ogeysiinayaa kiraystayaasha wadarta waajibaadka maaliyadeed ee uu sheegay mulkiiluhu. In most standard instances, a Washington landlord must provide 2 days of notice before entering an occupied unit. 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. Washington tenants must pay rent on time in accordance with their lease. Leases may be in writing or print, or partly in writing and partly in print, and shall be legal and valid for any term or period not exceeding one year, without acknowledgment, witnesses or seals. . Here is an overview of the general conditions that the tenant must comply with, according to the Washington state landlord-tenant law: The Washington landlord-tenant act can be found in the Revised Code of Washington (Chapter 59.18). (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. About one million tenants are currently in Washington, meaning that this is a great state for landlords to lease their rental property. Legal Assistance Guide | Tenants Union Programs Know Your Rights Legal Assistance Guide Legal Assistance for Tenants Legal Resources Tenants Union Tenant Counselors are not attorneys, and this information should not be considered legal advice. This requires landlords to issue 90 days of written notice when a tenants property is being modified or demolished. The legislature further finds that evidence that a prospective tenant has been a victim of domestic violence, sexual assault, or stalking is not relevant to the decision whether to rent to that prospective tenant. The court may also award reasonable attorneys' fees as provided in RCW. (b) The property owner's portion of any relocation assistance provided to low-income tenants under this section shall not exceed one-half of the required relocation assistance under (a) of this subsection in cash or services. (Defendant's Name), . Landlord harassment or domestic violence. Therefore, we do not handle consumer complaints about issues covered by the Residential Landlord-Tenant Act. If a tenant fails to accept the terms of a reasonable repayment plan within 14 days of the landlord's offer, the landlord may proceed with an unlawful detainer action as set forth in RCW. The amounts of such assistance to be provided to the tenant of his or her rights and under... You may find additional information to help you at http: //www.washingtonlawhelp.org such assistance to be provided the! The tenant that this is a great state for landlords to lease rental! Handle Consumer complaints about issues covered by the landlord in an attempt to pressure or a. Will not be postponed or stopped unless a copy of that written agreement is to! A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to tenants. 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