(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. 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 city of Seattle maintains a Rental Agreement Regulation Ordinance, which requires landlords to provide 180 days of advance notice before they implement an increase of housing cost. / Click here for a printable document. 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. The notice must advise tenants that some of the units at the property will be inspected and that the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW. Generally, the information required for a rental agreement can vary depending on the landlord and tenant and the current state law. (c) If a rental property is asked to provide a certificate of inspection for a sample of units on the property and a selected unit fails the initial inspection, the local municipality may require up to one hundred percent of the units on the rental property to provide a certificate of inspection. (1)(a) Prior to obtaining any information about a prospective tenant, the prospective landlord shall first notify the prospective tenant in writing, or by posting, of the following: (i) What types of information will be accessed to conduct the tenant screening; (ii) What criteria may result in denial of the application; (iii) If a consumer report is used, the name and address of the consumer reporting agency and the prospective tenant's rights to obtain a free copy of the consumer report in the event of a denial or other adverse action, and to dispute the accuracy of information appearing in the consumer report; and. TO STOP A PHYSICAL EVICTION, YOU ARE REQUIRED TO PAY THE BALANCE OF YOUR RENT AND/OR PAYMENT PLAN IN THE AMOUNT OF $. Relocation assistance payments received by tenants under *RCW. It's important to note that landlords may not retaliate against their tenants since it's illegal. If the complaint alleges that the tenancy should be terminated because the defendant tenant, subtenant, sublessee, or resident engaged in drug-related activity, or allowed any other person to engage in drug-related activity at the rental premises with his or her knowledge or consent, no set-off shall be allowed as a defense to the complaint. Regardless of not having any limitations, most landlords tend to charge an amount equal to one month of rent. Landlord Tenant, Divorce, Domestic Violence and Estate Planning. (4) The common law right of the landlord of distress for rent is hereby abolished for property covered by this chapter. (vii) Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants. IF YOU HAVE A WRITTEN AGREEMENT WITH YOUR LANDLORD THAT THE EVICTION WILL BE POSTPONED OR STOPPED, IT IS YOUR RESPONSIBILITY TO PROVIDE A COPY OF THE AGREEMENT TO THE SHERIFF. (b) If the total amount of rent awarded in the judgment for rent is equal to or less than two months of the tenant's monthly contract rent or one thousand two hundred dollars, whichever is greater. (vi) The landlord has the right to terminate the tenant's tenancy by delivering a three-day notice to terminate with one day to comply, if a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription. A court must impose this penalty in an amount necessary to deter future violations, payable to the tenant bringing the action. After the expiration of the time specified in the warrant, the warrant, unless executed, is void. . 216, 311 P.3d 70 (2013); RCW 49.60.309. . Aside from that, the tenant must ensure that the property is kept in good condition so that it complies with housing and state laws. (8) If a rental property owner does not agree with the findings of an inspection performed by a local municipality under this section, the local municipality shall offer an appeals process. (4)(a) Relocation assistance provided to low-income tenants under this section shall not exceed two thousand dollars for each dwelling unit displaced by actions of the property owner under subsection (1) of this section. . Information relating to claims will only be shared with the claimant and the survivor. 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. (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. (12) "Gang" means a group that: (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes. (d) If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection, the local municipality may require one hundred percent of the units on the rental property to provide a certificate of inspection. (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 Landlord Survivor Relief program can award payments of up to $5,000 for damages directly to the landlord when the conditions below are met. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. (3) Before the entry of any judgment or issuance of a writ of restitution due to the tenant's failure to appear, the landlord shall provide the court with a declaration from the person or persons who served the tenant that describes the service achieved, and if by alternative service pursuant to this section, that describes the efforts at personal service before alternative service was used and a declaration from the landlord stating his or her belief that the tenant cannot be found. The Fair Housing Partners of Washington State have developed this sample policy to assist you and your staff in dealing with harassment and intimidation of protected classes, and in dealing with possible acts of retaliation against a resident or (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. 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. (c) The landlord shall turn over possession of the tenant's property to a tenant representative if a written request is made within the applicable time periods after the second notice is mailed, provided the tenant representative: (i) Pays the actual or reasonable costs, whichever is less, of drayage and storage of the property, if applicable; and (ii) gives the landlord an inventory of the property and signs an acknowledgment that he or she has only been given possession and not ownership of the property. (b) A person who harasses another is guilty of a class C felony if any of the following apply: (i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; (ii) the person harasses another . (ii) The tenant or the household member has reported the domestic violence, sexual assault, unlawful harassment, or stalking to a qualified third party acting in his or her official capacity and the qualified third party has provided the tenant or the household member a written record of the report signed by the qualified third party. (3) Any landlord or prospective landlord who violates subsection (1) of this section may be liable to the prospective tenant for an amount not to exceed one hundred dollars. Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall: (1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit; (2) Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant; (3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord; (4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. . (b) Any situation where court action has been started by either landlord or tenant to enforce rights under this chapter; when the court action substantially affects the controversy, including but not limited to: (i) Court action pursuant to subsections (2) and (3) of RCW, (ii) Any unlawful detainer action filed by the landlord pursuant to chapter. Below is a list of common services that a Washington landlord may or may not be responsible (under state law) for providing and maintaining: Note:If a landlord provides an amenity not required by law, then they are generally responsible for maintaining it throughout tenancy. Nhng ngun ti liu ny c th tm thy ti y. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single-family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit. However, certain types of evictions (including lockouts and retaliatory evictions connected to the filing of a health or safety complaint) are illegal in Washington. (6) Decisions of the arbitrator shall be enforced or appealed according to the provisions of chapter. Landlord harassment is the willing creation, by a landlord or their agents, of conditions that are uncomfortable for one or more tenants in order to induce willing abandonment of a rental contract.This is illegal in many jurisdictions, either under general harassment laws or specific protections, as well as under the terms of rental contracts or tenancy agreements. (3)(a) A landlord or prospective landlord may not deny, discourage application for, or otherwise make unavailable any rental dwelling unit based on a tenant's or prospective tenant's medical history including, but not limited to, the tenant's or prospective tenant's prior or current exposure or infection to the COVID-19 virus. The good news is that an experienced criminal defense attorney can help you fight against your harassment charge. 7 Landlord Actions That Are Not Considered Harassment, Get an Injunctive Order from the Court to Stop the Behavior. A "program of recovery" includes Alcoholics Anonymous, Narcotics Anonymous, and similar programs. We only handle cases in Washington State. (f) Any other information that relates to the efficacy of the pilot program. However, the request to terminate the rental agreement must occur within ninety days of the reported act, event, or circumstance that gave rise to the protective order or report to a qualified third party. 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. You must pay the total amount due to your landlord within fourteen (14) days after service of this notice or you must vacate the premises. (city) . 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. (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. 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. (year), I verify that I have provided to the person whose signature appears above the statutes cited in RCW, Dated this . (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. (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. (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. 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. In addition, the affidavit must contain a statement that consent to inspect has been sought from the owner and the tenant but could not be obtained because the owner or the tenant either refused or failed to respond within five days, or a statement setting forth facts or circumstances reasonably justifying the failure to seek such consent. (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. This requires landlords to issue 90 days of written notice when a tenants property is being modified or demolished. (1)(a) If a tenant notifies the landlord in writing that he or she or a household member was a victim of an act that constitutes a crime of domestic violence, sexual assault, unlawful harassment, or stalking, and either (a)(i) or (ii) of this subsection applies, then subsection (2) of this section applies: (i) The tenant or the household member has a domestic violence protection order, sexual assault protection order, stalking protection order, or antiharassment protection order under chapter. (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. (8) By July 1, 2022, until July 1, 2023, the administrative office of the courts must provide a report to the legislature summarizing the report data shared by the superior courts and dispute resolution centers under subsection (7) of this section. However, if after giving the 90-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant. The notice must state the exact time and date or dates of entry or specify a period of time during that date or dates in which the entry will occur, in which case the notice must specify the earliest and latest possible times of entry. If you need any more help with a rental case in Washington, make sure to seek legal assistance from a lawyer or areal estate manager. The Eviction Resolution Program Notice informs tenants of legal and other resources to help them try to reach an agreement with their landlord on a repayment plan for unpaid rent. Therefore, we do not handle consumer complaints about issues covered by the Residential Landlord-Tenant Act. (4)(a) A fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit, as authorized under RCW. With serious penalties like that on the line and keeping in mind that so many harassment accusations are actually false you cannot afford to sit back and hope this will all go away. Applicability to prior, existing or future leases. If the date of the order is on or before the fifteenth of the month, the tenant shall remain current with ongoing rental payments as they become due for the duration of the payment plan; if the date of the order is after the fifteenth of the month, the tenant shall have the option to apportion the following month's rental payment within the payment plan, but monthly rental payments thereafter shall be paid according to the rental agreement. At the end of the period for which the rent has been paid pursuant to this subsection, the tenancy ends; (v) A statement that failure to remove the tenant's property before the tenancy is terminated or ends as provided in (a)(iv) of this subsection will allow the landlord to enter the dwelling unit and take possession of any property found on the premises, store it in a reasonably secure place, and charge the actual or reasonable costs, whichever is less, of drayage and storage of the property, and after service of a second notice sell or dispose of the property as provided in subsection (3) of this section; and, (vi) A copy of any designation executed by the tenant pursuant to RCW. . La notificacin enviada con 14 das de anticipo informa a los inquilinos de la totalidad de sus obligaciones financieras establecidas por el arrendador. These courts do not hear eviction cases, though. (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. Your local building and code enforcement . 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. (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. (iii) A statement that the landlord may sell or dispose of the property on or after the date through which rent is paid or at least forty-five days after the second notice is mailed, whichever comes later, if a tenant representative does not claim and remove the property in accordance with this subsection. (2) Assertions or enforcement by the tenant of his or her rights and remedies under this chapter. Installment payments are due at the same time as rent is due. Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. The record of the report to a qualified third party may be accomplished by completion of a form provided by the qualified third party, in substantially the following form: [Name of organization, agency, clinic, professional service provider], I and/or my . Tenancy-at-Will Notice Requirement. There shall be a rebuttable presumption that the owner did not intend to sell the unit if: (i) Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price by listing it on the real estate multiple listing service; or. Landlords have 72 hours to fix an issue that involves the refrigerator, oven, range, or a major plumbing issue. Oops! (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. . (4) If a tenant has filed a motion to stay a writ of restitution from execution, the court may only award attorneys' fees to the landlord if the tenant is permitted to be reinstated pursuant to RCW. In most cases, harassing actions must be repeated several timesisolated incidents will not count as strong enough grounds for legal action. Any excess income derived from the sale of such property shall be held by the landlord for the benefit of the tenant for a period of one year from the date of the sale. . Mag-click dito para sa naipi-print na dokumento / Click here for a printable document. information about lead paint concentrations, Revised Code of Washington - Residential Landlord-Tenant Act, Conditions for eviction and termination of the lease. Employee Resources, Serving Communities A local municipality may also notify the landlord that until a certificate of inspection is provided, it is unlawful to rent or to allow a tenant to continue to occupy the dwelling unit. . AT THE DIRECTION OF THE COURT THE SHERIFF MAY TAKE FURTHER ACTION. The tenant must: Pay rent and any utilities agreed upon. . Washington Late Fees and Other Rent Rules. Upon the end date of the tenancy of a specified period, the tenancy becomes a month-to-month tenancy. (4) Nothing in this section shall be construed as creating a right of distress for rent. Please read our full Tenant Union Disclaimer. View Website View Lawyer Profile Email Lawyer. , . (7)(a) Persons who move from a dwelling unit prior to the application by the owner of the dwelling unit for any governmental permit necessary for the demolition, substantial rehabilitation, or change of use of residential property or prior to any notification or filing required for condominium conversion shall not be entitled to the assistance authorized by this section. . A recording of the proceedings may be taken. (23) "Property" or "rental property" means all dwelling units on a contiguous quantity of land managed by the same landlord as a single, rental complex. (3) If a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met. Abolished for property covered by this chapter Divorce, Domestic Violence and Estate Planning since it 's illegal not against... Rent and any utilities agreed upon 311 P.3d 70 ( 2013 ) ; RCW 49.60.309. to! An attempt to pressure or intimidate a tenant methods by the landlord harassment washington state Landlord-Tenant Act unless executed, is.! An attempt to pressure or intimidate a tenant since it 's important to note that landlords may not retaliate their... Includes Alcoholics Anonymous, Narcotics Anonymous, Narcotics Anonymous, and similar programs to charge amount. Defense attorney can help YOU fight against YOUR harassment charge a month-to-month tenancy have 72 hours to fix an that... 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