What types of rental accommodations are covered by state legislation governing residential tenancies in Washington?
Most tenants who rent residential accommodation come under the state’s Residential Landlord-Tenant Act.
What types of rental accommodations are NOT covered by this legislation?
* Renters of a space in a mobile home park, which are covered by the Mobile Home Landlord-Tenant Act. However, renters of both a space AND a mobile home are usually covered by the residential law.
* Hotels and motels.
* Single family dwellings which are rented as part of a lease for agricultural land.
* Housing provided for seasonal farm work.
* Tenants who are leasing a single family dwelling for at least 1 year, when their attorney has approved the exemption.
* Public or private medical, religious, educational, recreational or correctional institutions.
* Tenants who have exercised an option to buy the dwelling. Tenants who have signed a lease option agreement but have not yet exercised that option are still covered.
* Tenants who are employed by the landlord, when the rental agreement specifies that they can only live in the premises as long as they hold the job.
* Premises used for commercial rather than residential purposes.
What types of rental periods are provided for in the legislation?
The Act covers both fixed-term leases (such as 6 months, 1 year, etc) and periodic tenancies (such as a month-to-month tenancy).
Is it necessary to have a written lease?
Month-to-month rental agreements can be in writing or oral, but if any type of fee or refundable deposit is being paid by the tenant, the agreement must be in writing. Fixed term leases must be in writing to be valid.
What about a signed move-in move-out inspection report?
A signed inspection report or premises condition checklist is required if any deposit is being charged. The report must describe the condition of the premises prior to the tenant moving in, must be signed by both the landlord and the tenant, and the tenant must receive a signed copy.
Can the landlord charge a deposit?
Yes, but only if the rental agreement is in writing. (Under the Landlord-Tenant Act, the term "deposit" can only be used in relation to money which is refundable to the tenant.) The rental agreement must state what each deposit is for and what the tenant must do in order to get the money back. The tenant must be given a written receipt for each deposit.
The deposits must be placed in a trust account in a bank or escrow company. The tenant must be informed in writing where the deposits are being kept. Unless otherwise agreed in writing between the parties, any interest earned by the deposits belongs to the landlord.
The landlord has 14 days after a tenant moves out in which to either return deposits or give the tenant a written statement setting out the reason(s) why all or part of the deposit money is being retained by the landlord.
Non-refundable fees are not returned to the tenant. If a non-refundable fee is being charged, the rental agreement must be in writing and must state that the fee will not be returned. A non-refundable fee cannot legally be called a "deposit".
When is the landlord allowed to increase the rent?
Under a month-to-month agreement the rent can be raised at any time, provided the landlord gives the tenant at least 30 days prior written notice. The Landlord-Tenant Act does not limit how much rent can be raised, or how often. However, the landlord cannot raise the rent to retaliate against a tenant.
Under a fixed-term lease, the rent cannot be raised during the term unless both the landlord and tenant agree.
When is rent considered late?
Rent is considered late the day after it is due. It is the tenant’s responsibility to pay the rent in full on the day it is due. A landlord is not required to accept a partial rent payment.
How can a lease be terminated?
A fixed term lease ends on the expiration date. It is not necessary to give written notice for the tenant to move out at the end of the term, unless the lease provisions specifically require written notice. If the tenant stays on beyond the expiration of the lease and the landlord accepts the next month’s rent, the tenant is then assumed to be renting under a month-to-month agreement.
A tenant who leaves before a lease expires is responsible for paying the rent for the balance of the lease term. However, the landlord must make an effort to re-rent the premises at a reasonable price. If the landlord fails to do so, the tenant may not be liable for rent beyond a reasonable period of time.
When a tenant wants to terminate a month-to-month rental agreement, written notice must be given to the landlord and must be received by the landlord at least 20 days before the end of the rental period (i.e. the day before the rent is due). A landlord cannot require a tenant to give more than 20 days notice when moving out. Likewise, if the landlord wants to terminate a month-to-month tenancy, a 20-day notice is required.
If the rental premises is being converted to a condominium, tenants must be given a 90-day notice.
When is the landlord permitted to enter the premises?
The landlord must give the tenant at least 2 days notice of his intent to enter the premises, which must occur at reasonable times. The tenant cannot unreasonably refuse to allow the landlord to enter the premises if the landlord has given at least 1 day’s notice of intent to enter at a specified time to show the premises to prospective purchasers or tenants. A tenant shall also not unreasonably refuse the landlord access to repair, improve or service the dwelling. In case of emergency, or if the property has been abandoned, the landlord can enter the premises without notice.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for the following reasons: (i) not paying rent, in full, when due, (ii) not complying with the terms of the agreement, (iii) creating a waste or nuisance, and (iv) no cause (except in Seattle), but only for month-to-month tenancies. A landlord cannot evict a tenant as retaliation for an action of the tenant, such as making a complaint to a government authority. If the matter is taken to court and the judge finds in favor of the tenant, the landlord can be ordered to reverse the retaliatory action as well as pay the tenant’s legal fees and for any harm done to the tenant.
Not paying rent. if the tenant is even 1 day late in paying the rent, the landlord can issue a 3-day notice to pay or move out. If the tenant pays all of the unpaid rent within 3 days, the landlord must accept it and cannot evict the tenant.
Not complying with the terms of the agreement. If a tenant does not comply with the rental agreement, the landlord can give a 10-day notice to comply or move out. If the tenant remedies the situation within that time, the landlord cannot continue the eviction process.
Creating a waste or nuisance. If a tenant damages or destroys the landlord’s property, uses the premises for unlawful activities including drug-related activities, or interferes with other tenants’ use of the property, the landlord can issue a 3-day notice to move out. The tenant MUST move out after receiving this type of notice. There is no option to stay and correct the problem.
No cause. Except in the City of Seattle, a landlord can evict a month-to-month tenant without having or stating a particular reason, so long as the eviction is not discriminatory or retaliatory. If the landlord wants a tenant to move out and does not give a reason, the landlord must give the tenant a 20-day notice to leave, and the tenant must receive the notice at least 20 days before the next rent is due. The tenant can only be required to move out at the end of a rental period (i.e. the day before the rent is due). Generally, a 20-day notice cannot be used if the tenant has signed a lease.
Before a landlord can take legal action against a tenant who does not move out, the landlord must give written notice to the tenant in accordance with the law. If the tenant continues to occupy the premises in violation of a notice to leave, the landlord must then go to court to begin an unlawful detainer action. If the court rules in favor of the landlord, the sheriff will be instructed to move the tenant out, if the tenant does not leave voluntarily. The landlord MUST go through the sheriff to physically move a tenant out.
A landlord can only take a tenant’s property if it has been abandoned. A provision in a rental agreement which allows a landlord to take a tenant’s property under any other circumstance is not valid. Even if the premises are abandoned, the landlord must still either return the tenant’s deposit or provide a statement of why the deposit is being kept, within 14 days of learning of the abandonment.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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