State law also provides you the right to receive interpreter services at court. (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. (4) This section does not limit a prospective tenant's rights or the duties of a screening service as otherwise provided in chapter, If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. When a party gives notice pursuant to RCW. The prevailing party may also recover court costs and a reasonable attorneys' fee. (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. . The landlord's action usually must be ongoing and not an isolated incident. Nothing in this subsection shall be construed to prevent a tenant from making a request for reasonable accommodation under federal, state, or local law. Manufactured Housing Dispute Resolution Program, Tenancy Preservation A Bridge to E2SSB 5160, here, (Ukrainian) , . Or maybe the accusation is an outright lie. 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. . . (2) For rent that accrued between March 1, 2020, and the six months following the expiration of the eviction moratorium expiration date: (a) A landlord may not report to a prospective landlord: (i) A tenant's nonpayment of rent that accrued between March 1, 2020, and the six months following the expiration of the eviction moratorium; or, (ii) An unlawful detainer action pursuant to RCW. No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his or her family, invitee, or other person acting under his or her control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. . The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the twenty-one days or that the tenant abandoned the premises as defined in RCW, (3) Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorneys' fees. . Armed with a deep knowledge of Washington State harassment laws and years of experience, your lawyer can gather evidence to prove that you did not harass the victim. This is punishable by 364 days in jail and $5,000 in fines (Revised Code of Washington, Section 9A.20.030). 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. (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. (ii) Within any payment plan ordered by the court, the court shall require the tenant to pay to the landlord or to the court one month's rent within five court days of issuance of the order. 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): . (3) Pursue other remedies available under this chapter. In making this decision, the court shall consider evidence of the following factors: (i) The tenant's willful or intentional default or intentional failure to pay rent; (ii) Whether nonpayment of the rent was caused by exigent circumstances that were beyond the tenant's control and that are not likely to recur; (iii) The tenant's ability to timely pay the judgment; (v) Whether the tenant is otherwise in substantial compliance with the rental agreement; (vi) Hardship on the tenant if evicted; and. (B) If the landlord serves the notice of default described under this subsection (3)(c)(iii), an additional day is not included in calculating the time before the sheriff may execute the writ of restitution. In most cases, harassing actions must be repeated several timesisolated incidents will not count as strong enough grounds for legal action. (1)(a) Except as provided in (b) of this subsection, upon receipt of a tenant's written request, a landlord must permit the tenant to pay any deposits, nonrefundable fees, and last month's rent in installments. 12 14 . At the time and place fixed for the hearing of plaintiff's motion for a writ of restitution, the defendant, or any person in possession or claiming possession of the property, may answer, orally or in writing, and assert any legal or equitable defense or set-off arising out of the tenancy. (c) Must be utilized by the landlord to purchase, from a lawful insurer, coverage for landlord's losses associated with any unpaid amounts due from the tenant to the landlord pursuant to the lease, including but not limited to rent, fees, or unit damage in excess of wear resulting from ordinary use of the premises, provided that a landlord may not charge a fee that is more than the cost of obtaining and administering such insurance; (i) In the event the landlord fails to purchase or maintain the insurance provided for in this subsection (2)(c), and if the tenant pays the monthly fee as agreed, the landlord shall credit the total insurance coverage stated in the disclosure to any indebtedness owed by the tenant upon the tenant vacating the unit. These resources can be foundhere. (g) Agrees to make rent payments through electronic means only. 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. The prevailing party may also recover court costs and reasonable attorneys' fees. Upon written notice of intent to seek a search warrant, when a landlord denies a fire official the right to search the common areas of the rental building other than the dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas, a court of competent jurisdiction shall issue a warrant allowing a search of the common areas in which the violation is alleged. (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. (36) "Tenant screening" means using a consumer report or other information about a prospective tenant in deciding whether to make or accept an offer for residential rental property to or from a prospective tenant. After thirty days from the date the notice of the sale is mailed or personally delivered to the tenant's last known address, the landlord may sell the property, including personal papers, family pictures, and keepsakes, and dispose of any property not sold. The notice and demand must set forth, in reasonable detail, facts and circumstances that lead the person to believe gang-related activity is occurring. (1) For the purpose of this section, "drug and alcohol free housing" requires a rental agreement and means a dwelling in which: (a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery; (b) The landlord is a nonprofit corporation incorporated under Title. . (c) If a landlord and tenant enter into a rental agreement for a specified period in which the tenancy by the terms of the rental agreement does not continue for an indefinite period on a month-to-month or periodic basis after the end of the specified period, the landlord may end such a tenancy without cause upon expiration of the specified period only if: (i) At the inception of the tenancy, the landlord and tenant entered into a rental agreement of 12 months or more for a specified period, or the landlord and tenant have continuously and without interruption entered into successive rental agreements of six months or more for a specified period since the inception of the tenancy; (ii) The landlord has provided the tenant before the end of the specified period at least 60 days' advance written notice that the tenancy will be deemed expired at the end of such specified period, served in a manner consistent with RCW. IF YOU CHOOSE TO PAY A MONTHLY DEPOSIT WAIVER FEE INSTEAD OF A SECURITY DEPOSIT, HERE IS THE AMOUNT YOU WILL PAY OVER THE LEASE TERM COMPARED TO THE ONE-TIME DEPOSIT PAYMENT: Monthly Nonrefundable Deposit Waiver Fee: Total cost of monthly fees over lease term: In the event your tenancy terminates and you have not paid rent or other amounts due pursuant to the lease, and you have not paid to repair damages beyond wear resulting from ordinary use of the premises, insurance coverage will pay your landlord up to: $_________ for any unpaid rent and fees, and. Renters Mold problems in buildings are a result of water and moisture problems. (a) "Common areas" means a common area or those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building. . Tenancies from year to year are hereby abolished except when the same are created by express written contract. In Washington, the following actions may be considered discriminatory with regards to housing practices: To learn more or report discrimination, please visit the Washington State Human Rights Commissions website. / Click here for a printable document, 20191414141212, / Click here for a printable document, 14 2019 14 12 , / Click here for a printable document. 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. unlawful harassment as defined by RCW. However, if the landlord seeks reimbursement for damages from the landlord mitigation program pursuant to RCW. . 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. What was happening at the time? In the case of Washington, the landlord must provide at least 24 hours of notice before entering the property, as long as the reason for entry is justified. (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. . (c) The local government or its designee, after receiving the request from the tenant to conduct an inspection under this section, shall conduct the inspection and make any certification within a reasonable amount of time not more than five days from the date of receipt of the request. (b) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following: (i) The entire rent due for the remainder of the term; or. ., and . 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. Victims of violence may be forced to remain in unsafe situations because they are bound by residential lease agreements. (b) A prospective landlord may not take an adverse action based on a prospective tenant's nonpayment of rent that occurred between March 1, 2020, and the six months following the expiration of the eviction moratorium. This subsection (2)(c)(i) does not apply to jurisdictions that have created a relocation assistance program under RCW. If the landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may access the landlord's own tenant screening report regarding a prospective tenant as long as the prospective tenant is not charged for the landlord's own tenant screening report. 216, 311 P.3d 70 (2013); RCW 49.60.309. The definitions in this section apply to RCW, (1) "Dwelling unit" has the same meaning as defined in RCW. The tenant must give the landlord proper notice if they decide to request repairs for the unit. (2) The party initiating arbitration under subsection (1) of this section shall give reasonable notice to the other party or parties. . (3) A local municipality may only require a certificate of inspection on a rental property once every three years. (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. (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. (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. Many tenants are unaware of their rights under federal fair credit reporting laws to dispute information that may be inaccurate. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. In an action for a violation of this chapter that is filed under chapter. In 2021, the Washington State Legislature passed and Governor Inslee signed legislation,which required landlords to provide notice at least 14 days before initiating an eviction proceeding, and made changes to thenotice form that landlords must send to tenants if they fail to pay rent, utilities or another periodic charge that is agreed to in the lease. The landlord may apply any income derived from the sale of the tenant's property against moneys due the landlord for drayage and storage of the property. Only one of the documents below will be required: The landlord must provide the following documents for claim consideration: The claims to the Landlord Survivor Relief Program claims are extremely sensitive by nature. . Understanding Landlord-Tenant Laws; Domestic Violence & Harassment. Generally, the information required for a rental agreement can vary depending on the landlord and tenant and the current state law. By following the Washington landlord-tenant laws, you're ensuring a safer leasing environment for all the parties involved. (1)(a) Any person whose life, safety, health, or use of property is being injured or endangered by a tenant's gang-related activity, who has legal standing and resides, works in, or owns property in the same multifamily building, apartment complex, or within a one-block radius may serve the landlord with a ten-day notice and demand that the landlord commence an unlawful detainer action against the tenant. (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. (h) Immediate execution of a warrant is prohibited, except when necessary to prevent loss of life or property. 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. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. . The relationship between landlord and tenant is not always peaceful. View Website View Lawyer Profile Email Lawyer. (b) If a rental property has twenty-one or more units, no more than twenty percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of fifty units at any one property, may be selected by the local municipality to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant. (1) If the tenant fails to comply with any portion of RCW, (2) Any other substantial noncompliance by the tenant of RCW, (3) If drug-related activity is alleged to be a basis for termination of tenancy under RCW, (4) If criminal activity on the premises as described in RCW, (5) If gang-related activity, as prohibited under RCW, (6) A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related activity, for creating an imminent hazard to the physical safety of others, or for engaging in gang-related activity that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences under this section, if the unlawful detainer action was brought in good faith. . (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. A tenant may request a repair service from their landlord if there are any damages that exceed normal wear and tear. (11) "Eviction history" means a report containing or summarizing the contents of any records of unlawful detainer actions concerning the prospective tenant that are reportable in accordance with state law, are lawful for landlords to consider, and are obtained after a search based on at least seven years of address history and alias information provided by the prospective tenant or available in the consumer credit report. day of . ; Eviction law continues to change. (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. 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) The administrative office of the courts may also establish and produce any other notice forms and requirements as necessary to implement the eviction resolution pilot program. If, after receipt of written notice, as provided in RCW, (1) Bring an action in an appropriate court, or at arbitration if so agreed for any remedy provided under this chapter or otherwise provided by law; or. (e) The tenant may not change any locks to common areas and must make keys for new locks available to other household members. . 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. (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. (b) Receiving an annual income, after taxes, of 200 percent or less of the current federally established poverty level. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. Updates on these legislative efforts can be found on the citys website. 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