The judge shall also allow the owner and any tenant who appears during consideration of the application for the warrant to defend against or in support of the issuance of the warrant. Washington law currently preempts state or local rent control. Please read our full Tenant Union Disclaimer. (6) The landlord shall not abuse the right of access or use it to harass the tenant, and shall provide notice before entry as provided in this subsection. . (v) Nothing in this subsection (3)(e) prohibits the landlord from otherwise applying for reimbursement for an unpaid judgment pursuant to *RCW, (vi) For the period extending one year beyond the expiration of the eviction moratorium, if a tenant demonstrates an ability to pay in order to reinstate the tenancy by means of disbursement through the landlord mitigation program account established within *RCW, (A) Any restrictions imposed under (d) of this subsection do not apply in determining if a tenant is eligible for reinstatement under this subsection (3); and, (B) Reimbursement on behalf of the tenant to the landlord under *RCW. day of . (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. 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. More information on it can be found here. If they do, they may face penalties for precipitating an illegal lockout. (iii) A brief description of the purposes of the inspection. (24) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. However, the court must order the landlord to pay costs and reasonable attorneys' fees to the person petitioning for termination of the tenancy if the court finds that the landlord failed to comply with the duty to investigate, regardless of which party prevails. (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. (e) The tenant shall not be entitled to deposit rent in escrow pursuant to this section unless the tenant first makes a good faith determination that he or she is unable to repair the conditions described in the certification issued pursuant to subsection (2)(d) of this section through use of the repair remedies authorized by RCW, (f) If the local government or its designee certifies that the condition or conditions specified by the tenant exist, the tenant shall then either pay the periodic rent due to the landlord or deposit all periodic rent then called for in the rental agreement and all rent thereafter called for in the rental agreement into an escrow account maintained by a person authorized by law to set up and maintain escrow accounts, including escrow companies under chapter. To get started, contact Will & Will at 206-858-1380, or contact us online. The court must condition such a stay upon the tenant's continued payment of rent during the stay period. 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. We only handle cases in Washington State. . . (5) Not permit a nuisance or common waste; (6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. (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. (v) The presence of hazards or violations in and the general condition of premises near the premises sought to be inspected. This subsection (2)(c)(i) does not apply to jurisdictions that have created a relocation assistance program under RCW. The inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. 216, 311 P.3d 70 (2013); RCW 49.60.309. (26) "Qualified inspector" means a United States department of housing and urban development certified inspector; a Washington state licensed home inspector; an American society of home inspectors certified inspector; a private inspector certified by the national association of housing and redevelopment officials, the American association of code enforcement, or other comparable professional association as approved by the local municipality; a municipal code enforcement officer; a Washington licensed structural engineer; or a Washington licensed architect. The Attorney Generals Office translated this 14-day notice into 12 languages commonly-spoken in Washington. The security deposit amount may be agreed upon by the tenants and landlords. (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. 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. The prevailing party in any action pursuant to this subsection may recover costs and reasonable attorneys' fees. When the landlord relies on this basis for ending the tenancy, the court may stay any writ of restitution for up to 60 additional days for good cause shown, including difficulty procuring alternative housing. Seventeen translated notice forms translated can be found below. This section does not limit the tenant's right to recover moneys paid as damages or security under RCW, All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by *RCW, (1) Within twenty-one days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW. If the landlord reasonably concludes that the circumstances require immediate entry into the unit, the landlord may, after notifying emergency services, use such force as necessary to enter the unit if the tenant is not present; or, (ii) The landlord complies with the requirements of RCW. (4) If a tenant seeks to stay a writ of restitution issued pursuant to this chapter, the court may issue an ex parte stay of the writ of restitution provided the tenant or tenant's attorney submits a declaration indicating good faith efforts were made to notify the other party or, if no efforts were made, why notice could not be provided prior to the application for an ex parte stay, and describing the immediate or irreparable harm that may result if an immediate stay is not granted. . . 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 harassment could be against a tenant who lives in the rental unit or against a guest of a tenant. Such policies, procedures, or regulations shall include provisions for administrative hearings to resolve disputes between tenants and property owners relating to relocation assistance or unlawful detainer actions during relocation, and shall require a decision within thirty days of a request for a hearing by either a tenant or property owner. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. 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. . If you choose to pay a recurring monthly fee instead of a security deposit, then you are permitted at any time to pay the landlord a security deposit in the amount of $__________ and stop paying the recurring fee beginning in the month following payment of the security deposit. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorneys' fees subject to subsections (3) and (4) of this section. Harassment laws in Washington state are very clear about what harassment is and is not. (14) "Immediate family" includes state registered domestic partner, spouse, parents, grandparents, children, including foster children, siblings, and in-laws. (b) If the insurer or any other collector seeks reimbursement from the tenant pursuant to any subrogation rights available to the insurer, with any request for reimbursement, the party must provide the tenant by first-class mail, and email if available, at the last known address as provided by the landlord: (i) All documentation or other evidence submitted by the landlord for reimbursement by the insurer; (ii) All documentation or evidence of repair costs that the landlord submitted to the insurer; (iii) A copy of the settled claim that documents payments made by the insurer to the landlord; and. 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.. Nothing in this section shall be construed to require a landlord to terminate a rental agreement or file an unlawful detainer action. . Arlington, WA Landlord Tenant Attorney with 10 years of experience. . (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. YOU SHOULD RETAIN PROOF OF SERVICE. (ii) For purposes of this subsection (2)(c): (A) "Assisted housing development" means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW. However, those who have been convicted of harassment before, threaten to kill someone or threaten someone involved in a criminal trial can be charged with a Class C felony. . Any order staying the writ of restitution under this subsection (3)(c)(iii) shall require the tenant to serve a copy of the order on the landlord by personal delivery, first-class mail, facsimile, or email if agreed to by the parties. . , , , . Please visit the Department of Health website (hum.wa.gov) for more . There are endless ways a landlord could harass a tenant. In 2022 the Legislature adopted HB 2064. . A new state law says landlords must have a "good" or legal reason for not renewing a rental agreement, ending (terminating) a tenancy, or evicting a tenant.This new law (House Bill 1236) went into effect on May 10, 2021.The new law lists what counts as a "good" reason to ask a tenant to leave the rental unit or to evict a tenant. (5) No payment received by a displaced tenant under this section may be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of any tax imposed under Title, (6)(a) A person whose living arrangements are exempted from this chapter under RCW. (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. What Are a Tenants Rights in Washington? The court may award statutory costs. (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 landlord shall accept any pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity before the expiration of any pay or vacate notice for nonpayment of rent for the full amount of the rent owing under the rental agreement. Halkan guji si aad u hesho dukumenti daabacan / Click here for a printable document, 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 Tenants have to provide regular maintenance to their smoke detectors, and it's the landlord's duty to notify them about this. (c) The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent to displaced tenants within seven days of the governmental agency sending notice of the condemnation, eviction, or displacement order to the landlord. Remove rubbish from the unit in a timely manner. 12 14 . When he's not hanging with his three children, he's writing articles here! In a 1985 decision, the Washington Supreme Court ruled that the Consumer Protection Act does not cover violations of theResidential Landlord-Tenant Act. (c) 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. If the rental unit was built before 1978, Washington laws require the landlord to provide information about lead paint concentrations in the area. Free or low-cost mediation services to assist in nonpayment of rent disputes before any judicial proceedings occur are also available at dispute resolution centers throughout the state. (2) By this act, the legislature intends to increase safety for victims of domestic violence, sexual assault, and stalking by removing barriers to safety and offering protection against discrimination." . ., and . In the event payment is made as provided in (c)(ii) of this subsection for one month's rent, the court shall stay the writ of restitution ex parte without prior notice to the landlord upon the tenant filing and presenting a motion to stay with a declaration of proof of payment demonstrating full compliance with the required payment of one month's rent. We can help. (3) The tenant may change the designated person or revoke any previous designation in writing at any time prior to his or her death. (3) A landlord may not request a fee or deposit to hold a dwelling or secure that the prospective tenant will move into the dwelling unit in excess of twenty-five percent of the first month's rent as described in RCW. . 14 . The notice and demand shall be served by delivering a copy personally to the landlord or the landlord's agent. 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): . The rate of interest shall be the maximum legal rate of interest permitted under RCW. (e) The tenant may not change any locks to common areas and must make keys for new locks available to other household members. (3) The form required in this section does not abrogate any additional notice requirements to tenants as required by federal, state, or local law. 7 Landlord Actions That Are Not Considered Harassment, Get an Injunctive Order from the Court to Stop the Behavior. (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. They may initiate a dispute resolution process to work for a voluntary settlement of the case. . 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. (h) The tenant continues in possession, after the landlord has provided at least 30 days' advance written notice to vacate that: (i) The premises has been certified or condemned as uninhabitable by a local agency charged with the authority to issue such an order; and (ii) continued habitation of the premises would subject the landlord to civil or criminal penalties. 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): . The prevailing party may recover his or her costs of suit and a reasonable attorneys' fee. Penalties can vary from fines and probation to time behind bars. Therefore, such activity, although it may be occurring within an individual's home or the surrounding areas of an individual's home, becomes the community's concern. . Pay for fumigation and/or damage to the dwelling. The landlord may seek payment from you before filing any claims with the insurance provider. Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. day of . (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. . Washington tenants must pay rent on time in accordance with their lease. . (1) The eviction moratorium instituted by the governor of the state of Washington's proclamation 20-19.6 shall end on June 30, 2021. . . 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. Domestic violence. However, bounced check fees are limited to $40 or the current value of the check. (iii) By means of forcible entry, except that a judge may expressly authorize a forcible entry when: (A) Facts are shown that are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards that, if the violation existed, would be an immediate threat to the health or safety of the tenant; or. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW. Affordable, decent housing for all. 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. . Tenancies from year to year except under written contract. The landlord's action usually must be ongoing and not an isolated incident. . (3) When late fees may be assessed after rent becomes due, the tenant may propose that the date rent is due in the rental agreement be altered to a different due date of the month. . Any aggressive method used by a landlord to pressure, intimidate, or coerce you to break your lease or move out of the premises can be considered landlord harassment. . Seattle University School of Law. 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 tenant can send a Consumer Demand Letter to the landlord within 30 days of the harassment and has the ability to sue the landlord in small claims court if seeking damages under $7,000., Tenants in San Francisco are protected by Prop M. This proposition defines the actions that are considered landlord harassment in the city and possible remedies for the harassment, including a potential decrease in rent, as well as the tenant being awarded up to $1,000 for each offense.. Residential Landlord-Tenant Act (RCW 59.18). (2) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of chapter. Spokane is currently considering a number of local housing ordinances, including one to implement a just cause standard for evictions. The court may also award reasonable attorneys' fees as provided in RCW. (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. 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. (b) A landlord or prospective landlord may not inquire about, consider, or require disclosure of a tenant's or prospective tenant's medical records or history, unless such disclosure is necessary to evaluate a reasonable accommodation request or reasonable modification request under RCW. (2) The eviction resolution pilot program must be used to facilitate the resolution of nonpayment of rent cases between a landlord and tenant before the landlord files an unlawful detainer action. day of . (i) Whether the smoke detection device is hard-wired or battery operated; (ii) Whether the building has a fire sprinkler system; (iii) Whether the building has a fire alarm system; (iv) Whether the building has a smoking policy, and what that policy is; (v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants; (vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and. (D) State that correcting the fourth or subsequent violation is not a defense to the ending of the lease under this subsection; (A) State that the rental agreement will end upon the specified ending date for the rental term or upon a designated date not less than 60 days after the delivery of the notice, whichever is later; (B) Specify the reason for ending the lease and supporting facts; and. The legislature intends that the remedy provided in RCW. (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life; (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and. HB 2064 requires that the Office of the Attorney General make this form available in the 12 most commonly spoken languages in Washington. 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. In an action for a violation of this chapter that is filed under chapter. Applicability to certain single-family dwelling leases. Tacoma's Tenant Rights Ordinance requires the landlord to provide 90 days of notice to their tenant if the property is getting demolished or modified. Year except under written contract personally to the sheriff this section shall construed... Built before 1978, Washington laws require the landlord may seek payment from you filing. Served by delivering a copy personally to the sheriff to Stop the.. Court must condition such a stay upon the tenant to ensure a copy of the purposes of tenant... 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