(25) "Prospective tenant" means a tenant or a person who has applied for residential housing that is governed under this chapter. The court may impose sanctions, in addition to attorneys' fees, on a person who has brought an action under this chapter against the same tenant on more than one occasion, if the court finds the petition was brought with the intent to harass. However, keep in mind that there is no limit for the amount a landlord can charge for the security deposit, according to the local law. (2) A landlord shall send a second written notice before selling or disposing of a deceased tenant's property. YOUR LANDLORD HAS RECEIVED THE FOLLOWING PAYMENTS: THE LANDLORD MAY SCHEDULE YOUR PHYSICAL EVICTION WITHIN THREE CALENDAR DAYS OF SERVICE OF THIS NOTICE. In 2022 the Legislature adopted HB 2064. Landlords cannot evict tenants for unpaid late fees or other charges that are not monthly rental payments ( RCW 59.18.283 ). (29) "Rent" or "rental amount" means recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities. Prior to the sale or disposal of property stored pursuant to this section with a cumulative value of two hundred fifty dollars or less, the landlord shall notify the tenant of the pending sale or disposal. [. . Provide scheduled maintenance to utilities and fixtures. (b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as required under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement or under this chapter. If this applies to you contacttheManufactured Housing Dispute Resolution Programat (866) WAG-MHLTA (1-866-924-6458) orfile a complaintregarding your mobile/manufactured home dispute. (1) A landlord must first apply any payment made by a tenant toward rent before applying any payment toward late payments, damages, legal costs, or other fees, including attorneys' fees. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. ., . 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. . (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. (7) A landlord who complies with this section is relieved from any liability relating to the deceased tenant's property. I/we understand that I/we am/are responsible for the actual or reasonable costs of moving and storing the property, whichever is less. (2) Pursue other remedies available under this chapter. Also, the legislature finds that victims of these crimes are further victimized when they are unable to obtain or retain rental housing due to their history as a victim of these crimes. On or before the day fixed for his appearance the defendant may appear and answer. . The legislature intends that the remedy provided in RCW. Not disturb any other neighbors or tenants. A conviction could leave you in prison for as long as five years. Living arrangements exempted from chapter. Your local building and code enforcement . (3) YOU ARE STILL OBLIGATED TO PAY RENT AND ALL PAYMENTS REQUIRED BY THE LEASE, INCLUDING COSTS TO REPAIR DAMAGES BEYOND WEAR RESULTING FROM ORDINARY USE OF THE PREMISES. (2) A landlord may not publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign of any kind relating to the rental or lease of real property that indicates a preference, limitation, or requirement based on any source of income. 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. Twelve translated notice forms translated can be found below. days have elapsed and the repairs have not been made. The landlord shall have no power or authority to prohibit entry for the inspection. 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. (9) A penalty for noncompliance under this section may be assessed by a local municipality. (5) As used in this section, "source of income" includes benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity. Commerce will review, approve and pay claims as quickly as possible. The legislature therefore finds and declares that it is the policy of the state for prospective tenants to be informed of their rights to dispute information they feel is inaccurate in order to help prevent denials of housing based upon incorrect information." (3) When, at the commencement of the tenancy, the landlord has provided an installment payment plan for nonrefundable fees or deposits for the security of the tenant's obligations and the tenant defaults in payment, the landlord may treat the default in payment as rent owing. The superior court and courts of limited jurisdiction organized under Titles. (5) "Qualified third party" means any of the following people acting in their official capacity: (b) Persons subject to the provisions of chapter. (5) "Public health emergency" refers to the governor of the state of Washington's proclamation 20-05, proclaiming a state of emergency for all counties throughout Washington state on February 29, 2020, and any subsequent orders extending or amending such proclamation due to COVID-19 until the proclamation expires or is terminated by the governor of the state of Washington. Rental Agreement When a landlord and tenant agree to the terms for the rental of prop- This subsection does not apply to tenants residing in subsidized housing. Briefly describe the incident of domestic violence, sexual assault, unlawful harassment, or stalking:. (Defendant's Name), . The landlord may present additional facts and circumstances regarding the allegations within the notice if such evidence was unknown or unavailable at the time of the issuance of the notice. This is punishable by 364 days in jail and $5,000 in fines (Revised Code of Washington, Section 9A.20.030). Adverse action on your application was based on the following: .. Information contained in a consumer report (The prospective landlord must include the name, address, and phone number of the consumer reporting agency that furnished the consumer report that contributed to the adverse action. (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. A failure to obey such order may be punished by the court as a contempt thereof. 2019 14 . (household member) am/is a victim of, . We may earn a commission when you buy legal forms or agreements on any external links. Wash. Ass'n of Apartment Ass'ns v. Evans, FOURTEEN-DAY NOTICE TO PAY RENT OR VACATE THE PREMISES, (1) Monthly rent due for (list month(s)): $ (dollar amount), (2) Utilities due for (list month(s)): $ (dollar amount), (3) Other recurring or periodic charges identified in the lease for (list month(s)): $ (dollar amount). (4) For the purposes of subsection (1) of this section, the exercise of due diligence is met if the landlord attempts personal service on the tenant at least three times over not less than two days and at different times of the day. 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. . Not negligently destroy or damage any part of the premises. Ngayong 2019, ipinasa ng Lehislatura ng Estado ng Washington at nilagdaan ni Gobernador Inslee ang batas na nag-aatas sa mga kasero na magbigay ng abiso nang hindi bababa sa 14 na araw bago simulan ang isang paghahabla ng pagpapaalis, at lumikha ng isang bagong form ng abiso na dapat ipadala ng mga kasero sa mga nangungupahan kung mabigo silang magbayad ng upa, mga utility o ibang pana-panahon na singil na napagkasunduan sa pag-upa. (1) The summons must contain the names of the parties to the proceeding, the attorney or attorneys if any, the court in which the same is brought, the nature of the action, in concise terms, and the relief sought, and also the return day; and must notify the defendant to appear and answer within the time designated or that the relief sought will be taken against him or her. Rent Increases & Related Fees in Washington Rent control. 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. unlawful harassment as defined by RCW. (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. 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. (1) The legislature finds that some tenants live in residences that are substandard and dangerous to their health and safety and that the repair and deduct remedies of RCW, (2)(a) If a landlord fails to fulfill any substantial obligation imposed by RCW, (b) If after receipt of the notice described in (a) of this subsection the landlord fails to remedy the condition or conditions within a reasonable amount of time under RCW. Some states require landlords to send advanced notice to their tenant before entering their property. 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 . All Rights Reserved. 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. It is also the purpose of this act to provide enforcement mechanisms to cities, towns, counties, or municipal corporations including the ability to advance relocation funds to tenants who are displaced as a result of a landlord's failure to remedy building code or health code violations and later to collect the full amounts of these relocation funds, along with interest and penalties, from landlords." (6) "Designated person" means a person designated by the tenant under RCW, (7) "Distressed home" has the same meaning as in RCW, (8) "Distressed home conveyance" has the same meaning as in RCW, (9) "Distressed home purchaser" has the same meaning as in RCW. Landlord's remedies if tenant fails to remedy defective condition. (g) In addition to the penalties set forth in (f) of this subsection, interest will accrue on the amount of relocation assistance paid by the city, town, county, or municipal corporation for which the property owner has not reimbursed the city, town, county, or municipal corporation. Dated at . Landlord harassment. 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. The Attorney Generals Office collected information for tenants about legal and advocacy resources, including immigrant and cultural organizations where tenants can receive assistance in their primary language. (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. (9) Nothing in this section is intended to (a) abrogate or modify in any way any common law right or privilege or (b) affect the common law as it relates to a local municipality's right of entry under emergency or exigent circumstances. In any action brought by displaced tenants to recover any payments or damages required or authorized by this subsection (3)(e) or (c) of this subsection that are not paid by the landlord or advanced by the city, town, county, or municipal corporation, the displaced tenants shall also be entitled to recover their costs of suit or arbitration and reasonable attorneys' fees. The landlord has rights, such as, the right to the interest earned by security deposit or to recover payment for damages caused beyond normal wear and tear. 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. HTML PDF. 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. (1) In the event of the death of a tenant who is the sole occupant of the dwelling unit: (a) The landlord, upon learning of the death of the tenant, shall promptly mail or personally deliver written notice to any known personal representative, known designated person, emergency contact identified by the tenant on the rental application, known person reasonably believed to be a successor of the tenant as defined in RCW. The tenant has the legal right to know where their deposit is being stored, so the landlord has to provide that information if it's requested. If the perpetrator has been identified by the qualified third party and is no longer an employee or agent of the landlord or owner and does not reside at the property, the tenant shall provide the owner or owner's designated agent with a copy of the key to the new locks at the same time as providing notice that the tenant does not wish to terminate his or her rental agreement. (3) Prior to filing an unlawful detainer action for nonpayment of rent, the landlord must provide a notice as required under RCW. Remove rubbish from the unit in a timely manner. . (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. 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landlord harassment washington state