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Month-to-month tenants in Washington must always provide 20 days of advance notice before terminating their lease. 12 14 . 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. (f) An inspection warrant is effective for the time specified in the warrant, but not for a period of more than ten days unless it is extended or renewed by the judge who signed and issued the original warrant upon satisfying himself or herself that the extension or renewal is in the public interest. Penalties can vary from fines and probation to time behind bars. (d) Except as provided in (e) of this subsection, the landlord may not send an invoice to a tenant or undertake collection activity against the tenant for any amounts after submitting a claim to the insurer if: (ii) The insurer denied the claim because it is not a loss pursuant to the lease; or. (6)(a) In any application seeking relief pursuant RCW, (b) After a finding that the tenant is low-income, limited resourced, or experiencing hardship, the court may issue an order: (i) Finding that the landlord is eligible to receive on behalf of the tenant and may apply for reimbursement from the landlord mitigation program; and (ii) directing the clerk to remit, without further order of the court, any future payments made by the tenant in order to reimburse the department of commerce pursuant to *RCW. (5) Nothing in subsection (2)(d), (e), or (f) of this section permits a landlord to end a tenancy for a specified period before the completion of the term unless the landlord and the tenant mutually consent, in writing, to ending the tenancy early and the tenant is afforded at least 60 days to vacate. (c) This subsection (4) shall not apply where the tenant opts out of, or the landlord discontinues providing the option of, paying a continuing fee in lieu of a security deposit during the tenancy and the tenant provides full payment of a security deposit prior to the termination of the rental agreement or the tenant's abandonment of the premises. . Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. (iii) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which a condemnation affects one or more dwelling units and the tenant's displacement is a direct result of the acquisition of the property by eminent domain. (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 administrative fee for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise allocated by the arbitrator, shall be shared equally by the parties: PROVIDED, That upon either party signing an affidavit to the effect that he or she is unable to pay his or her share of the fee, that portion of the fee may be waived or deferred. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due; or. (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. (iii) A brief description of the purposes of the inspection. . It shall be unlawful for a tenant to intentionally cause the loss of utility services provided by the landlord, including water, heat, electricity, or gas, excepting as resulting from the normal occupancy of the premises. (5) In all other cases the judgment may be enforced immediately. Aside from that, the tenant must ensure that the property is kept in good condition so that it complies with housing and state laws. Can a Landlord Enter Without Permission in Washington? (D) "Substantially rehabilitate" means extensive structural repair or extensive remodeling of premises that requires a permit such as a building, electrical, plumbing, or mechanical permit, and that results in the displacement of an existing tenant. (21) "Person" means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity. (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. . 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. A city, town, county, or municipal corporation may make future annual adjustments to the maximum amount of relocation assistance required under this subsection in order to reflect any changes in the housing component of the consumer price index as published by the United States department of labor, bureau of labor statistics. The information must be provided by the landlord to new tenants at the time the lease or rental agreement is signed; (14) The landlord and his or her agents and employees are immune from civil liability for failure to comply with subsection (13) of this section except where the landlord and his or her agents and employees knowingly and intentionally do not comply with subsection (13) of this section; and, (15) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. Dated at . . The 14-day notice informs tenants of the total financial obligation alleged by the landlord. Briefly describe the incident of domestic violence, sexual assault, unlawful harassment, or stalking:. . However, if you want a general overview of the Washington landlord-tenant laws, make sure to keep reading. The *department of community, trade, and economic development shall adopt rules defining county median income in accordance with the definitions promulgated by the federal department of housing and urban development. . / Click here for a printable document. (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. You may find additional information to help you at http://www.washingtonlawhelp.org. (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 notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within one day after delivery of the notice. Victims of violence may be forced to remain in unsafe situations because they are bound by residential lease agreements. What was happening at the time? The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application, in which event the provisions of this chapter shall control: (1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to correctional facilities, licensed nursing homes, monasteries and convents, and hospitals; (2) Occupancy under a bona fide earnest money agreement to purchase or contract of sale of the dwelling unit or the property of which it is a part, where the tenant is, or stands in the place of, the purchaser; (3) Residence in a hotel, motel, or other transient lodging whose operation is defined in RCW, (4) Rental agreements entered into pursuant to the provisions of chapter. (d) Within fourteen days after the removal of the property by the tenant representative, the landlord shall refund any unearned rent and shall give a full and specific statement of the basis for retaining any deposit together with the payment of any refund due the deceased tenant under the terms and conditions of the rental agreement to the tenant representative. Notice to tenant to remedy nonconformance. 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. (b) A landlord is not required to permit a tenant to pay in installments if the total amount of the deposits and nonrefundable fees do not exceed twenty-five percent of the first full month's rent and payment of the last month's rent is not required at the inception of the tenancy. (4) Once the landlord or the designated person knows of the appointment of a personal representative for the deceased tenant's estate or of a person claiming to be a successor of the deceased tenant who has provided the landlord with proof of death and an affidavit made by the person that meets the requirements of RCW. (1) "Active duty" means service authorized by the president of the United States, the secretary of defense, or the governor for a period of more than 30 consecutive days. (2) In all cases where premises are rented for a specified time that is three months or longer, the tenant may elect to pay any deposits, nonrefundable fees, and last month's rent in three consecutive and equal monthly installments, beginning at the inception of the tenancy. . . (5) "Qualified third party" means any of the following people acting in their official capacity: (b) Persons subject to the provisions of chapter. This notice must be sent in every instance of rental increases. (3) A provision prohibited by subsection (2) of this section included in a rental agreement is unenforceable. Eviction Resolution Program Notice and Resource Information . 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. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. .. PAYMENT MAY BE MADE TO THE COURT OR TO THE LANDLORD. More information on it can be found here. . . (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. . 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) Shall not be considered by a court, arbitrator, mediator, or any other dispute resolution adjudicator to be a security deposit or governed by state or local codes governing security deposits. 14- ' , . The summons must be served and returned in the same manner as a summons in other actions is served and returned. (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. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. . This is punishable by 364 days in jail and $5,000 in fines (Revised Code of Washington, Section 9A.20.030). Contact Us Sexual Harassment. In an unlawful detainer action involving property that was a distressed home: (1) The plaintiff shall disclose to the court whether the defendant previously held title to the property that was a distressed home, and explain how the plaintiff came to acquire title; (2) A defendant who previously held title to the property that was a distressed home shall not be required to escrow any money pending trial when a material question of fact exists as to whether the plaintiff acquired title from the defendant directly or indirectly through a distressed home conveyance; (3) There must be both an automatic stay of the action and a consolidation of the action with a pending or subsequent quiet title action when a defendant claims that the plaintiff acquired title to the property through a distressed home conveyance. However, if the terms of the local agency's order do not allow the landlord to provide at least 30 days' advance written notice, the landlord must provide as much advance written notice as is possible and still comply with the order; (i) The tenant continues in possession after an owner or lessor, with whom the tenant shares the dwelling unit or access to a common kitchen or bathroom area, has served at least 20 days' advance written notice to vacate prior to the end of the rental term or, if a periodic tenancy, the end of the rental period; (j) The tenant continues in possession of a dwelling unit in transitional housing after having received at least 30 days' advance written notice to vacate in advance of the expiration of the transitional housing program, the tenant has aged out of the transitional housing program, or the tenant has completed an educational or training or service program and is no longer eligible to participate in the transitional housing program. Not engage in any illegal activity, gang-related activity, or drug-related activity on the premises. . Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. This is punishable by five years in prison and a $10,000 fine. ; If your landlord is threatening to evict you, call 1-855-657-8387 OR apply for help online. (b) The tenant shall be named as a party to any action filed by the landlord under this section, and shall have the right to file an answer and counterclaim, although any counterclaim shall be dismissed without prejudice if the court or arbitrator determines that the tenant failed to follow the notice requirements contained in this section. Applicability to prior, existing or future leases. ; Eviction law continues to change. . Landlords may obtain the information from the department's website or, if requested by the landlord, the department must mail the information to the landlord in a printed format. (32) A "single-family residence" is a structure maintained and used as a single dwelling unit. (8) Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises. . (b) The tenant continues in possession after substantial breach of a material program requirement of subsidized housing, material term subscribed to by the tenant within the lease or rental agreement, or a tenant obligation imposed by law, other than one for monetary damages, and after the landlord has served written notice specifying the acts or omissions constituting the breach and requiring, in the alternative, that the breach be remedied or the rental agreement will end, and the breach has not been adequately remedied by the date specified in the notice, which date must be at least 10 days after service of the notice; (c) The tenant continues in possession after having received at least three days' advance written notice to quit after he or she commits or permits waste or nuisance upon the premises, unlawful activity that affects the use and enjoyment of the premises, or other substantial or repeated and unreasonable interference with the use and enjoyment of the premises by the landlord or neighbors of the tenant; (d) The tenant continues in possession after the landlord of a dwelling unit in good faith seeks possession so that the owner or his or her immediate family may occupy the unit as that person's principal residence and no substantially equivalent unit is vacant and available to house the owner or his or her immediate family in the same building, and the owner has provided at least 90 days' advance written notice of the date the tenant's possession is to end. Nhp vo y xem bn in / Click here for a printable document. 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). 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 certain single-family dwelling leases. (4) "Comprehensive reusable tenant screening report" means a tenant screening report prepared by a consumer reporting agency at the direction of and paid for by the prospective tenant and made available directly to a prospective landlord at no charge, which contains all of the following: (a) A consumer credit report prepared by a consumer reporting agency within the past 30 days; (b) the prospective tenant's criminal history; (c) the prospective tenant's eviction history; (d) an employment verification; and (e) the prospective tenant's address and rental history. David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. Or maybe the accusation is an outright lie. . If payment of the amount specified in this subsection is not made within five court days after the entry of the judgment, the judgment may be enforced for its full amount and for the possession of the premises. (24) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. 14- - , . (360) 474-4952 103 North Street. (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. (e) Notwithstanding (d) of this subsection, the landlord may invoice the tenant and undertake collection activity against a tenant for landlord's losses if the insurer denies the claim because the loss is not covered pursuant to the insurance agreement, including if the value of the loss exceeded the insurance coverage loss limit. (3) Any repayment plan entered into under this section must: (a) Not require payment until 30 days after the repayment plan is offered to the tenant; (b) Cover rent only and not any late fees, attorneys' fees, or any other fees and charges; (c) Allow for payments from any source of income as defined in RCW, (d) Not include provisions or be conditioned on: The tenant's compliance with the rental agreement, payment of attorneys' fees, court costs, or other costs related to litigation if the tenant defaults on the rental agreement; a requirement that the tenant apply for governmental benefits or provide proof of receipt of governmental benefits; or the tenant's waiver of any rights to a notice under RCW, (4) It is a defense to an eviction under RCW. After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. (b) If a landlord and tenant enter into a rental agreement that provides for the tenancy to continue for an indefinite period on a month-to-month or periodic basis after the agreement expires, the landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section; however, a landlord may end such a tenancy at the end of the initial period of the rental agreement without cause only if: (i) At the inception of the tenancy, the landlord and tenant entered into a rental agreement between six and 12 months; and, (ii) The landlord has provided the tenant before the end of the initial lease period at least 60 days' advance written notice ending the tenancy, served in a manner consistent with RCW. unlawful harassment as defined by RCW. (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. 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. . (3) "Landlord" has the same meaning as defined in RCW, (4) "Prospective landlord" has the same meaning as defined in RCW. (d) During the period from the date that a governmental agency responsible for the enforcement of a building, housing, or other appropriate code first notifies the landlord of conditions that violate applicable codes, statutes, ordinances, or regulations to the time that relocation assistance payments are paid to eligible tenants, or the conditions leading to the notification are corrected, the landlord may not: (i) Evict, harass, or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of this section; (iii) Materially increase or change the obligations of any tenant, including but not limited to any rent increase. Mediation of disputes by independent third party. 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. 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. YOU MAY PAY A MONTHLY FEE INSTEAD OF A SECURITY DEPOSIT. 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. . Please visit the Department of Health website (hum.wa.gov) for more . Be forced to remain in unsafe situations because they are bound by residential agreements... 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