Proclamation 21-09.2 Media Center (3) "Commercially reasonable manner," with respect to a sale of a deceased tenant's personal property, means a sale where every aspect of the sale, including the method, manner, time, place, and other terms, must be commercially reasonable. (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. In counties where an Eviction Resolution Program is up and running, Landlords must send tenants anEviction Resolution Program Noticeto invite them to participate in the Eviction Resolution Program. Filing False Charges or False Eviction Against the Tenant. The summons must be served and returned in the same manner as a summons in other actions is served and returned. (2) "Eviction moratorium" refers to the governor of the state of Washington's proclamation 20-19.6, proclaiming a moratorium on certain evictions for all counties throughout Washington state on March 18, 2021. In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. (b) Copies of the summons and complaint shall be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the tenant's or tenants' last known address not less than nine days from the return date stated in the summons. (household member) am/is a victim of, . (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. A court must impose this penalty in an amount necessary to deter future violations, payable to the tenant bringing the action. (7)(a) The landlord shall provide written notification of his or her intent to enter an individual unit for the purposes of providing a local municipality with a certificate of inspection in accordance with RCW, (b) A tenant who continues to deny access to his or her unit is subject to RCW. Refusing to Accept Rent Payments as a Means of Intimidation. 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. 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. (3) Prior to filing an unlawful detainer action for nonpayment of rent, the landlord must provide a notice as required under RCW. Financial Statement - Harassment (Attachment) 07/2011. The rate of interest shall be the maximum legal rate of interest permitted under RCW. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least three days' written notice specifying the violation and the date and time of termination of the rental agreement. The harassment laws Washington state has in place are meant to serve our citizens. Finally, landlord-tenant laws allow landlords to charge any kind of late fees they want, and there are no limitations as to the amount of those fees. (iv) The office of the attorney general shall make this form available in the 12 most commonly spoken languages in Washington. . (e) Nothing prohibits a landlord and tenant from entering into subsequent lease agreements that are in compliance with the requirements in subsection (2) of this section. We only handle cases in Washington State. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Can a Landlord Enter Without Permission in Washington? However, certain types of evictions (including lockouts and retaliatory evictions connected to the filing of a health or safety complaint) are illegal in Washington. / Click here for a printable document. This subsection (2)(k) does not apply to tenants whose tenancies are or have become periodic; (l) The tenant continues in possession after having received at least 30 days' advance written notice to vacate due to intentional, knowing, and material misrepresentations or omissions made on the tenant's application at the inception of the tenancy that, had these misrepresentations or omissions not been made, would have resulted in the landlord requesting additional information or taking an adverse action; (m) The tenant continues in possession after having received at least 60 days' advance written notice to vacate for other good cause prior to the end of the period or rental agreement and such cause constitutes a legitimate economic or business reason not covered or related to a basis for ending the lease as enumerated under this subsection (2). (6) This section also applies if the writ of restitution is issued pursuant to a final judgment entered after a show cause hearing conducted in accordance with RCW. You can find your nearest dispute resolution center at https://www.resolutionwa.org. (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. (c) No landlord or employee of a landlord, or his or her family members, may acquire, directly or indirectly, the property sold pursuant to (a)(i) of this subsection or disposed of pursuant to (a)(ii) of this subsection. Your local building and code enforcement . (3) If offered by your landlord, paying a monthly deposit waiver fee instead of a security deposit. Subscribe to receive emails or SMS/text messages from Commerce or to access subscriber preferences. . (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. Your recurring monthly charge will be $____ IN ADDITION to your monthly rent payment, instead of a security deposit and/or last month's rent in the amount of $____. (5) A city, town, county, or municipal corporation requiring the provision of relocation assistance under this section shall adopt policies, procedures, or regulations to implement such requirement. 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. A tenant who has a valid protection, antiharassment, or other protective order against the owner of the premises or against an employee or agent of the landlord or owner is not required to provide a key to the new locks until the protective order expires or the tenant vacates; or. . The following are grounds for evictions. . (10) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his or her obligations under this chapter. [. 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). If the tenant seeks relief pursuant to this subsection (3) at the time of the show cause hearing, the court shall hear the matter at the time of the show cause hearing or as expeditiously as possible so as to avoid unnecessary delay or hardship on the parties. Provide scheduled maintenance to utilities and fixtures. (a) No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The court shall require service of the order and motion to stay the writ of restitution by personal delivery, mail, facsimile, or other means most likely to afford all parties notice of the court date. For information regarding the Eviction Resolution Program in your county. (b) An interruption in occupancy primarily intended to avoid the application of this section does not affect the application of this section. (b)(i) The landlord may charge a prospective tenant for costs incurred in obtaining a tenant screening report only if the prospective landlord provides the information as required in (a) of this subsection. The court may award statutory costs. A landlord could be fined between $3,000 and 11,000 for each harassment offense they are convicted of. Domestic Violence & Harassment Definitions Domestic Violence & Harassment Resources Domestic Violence Protections for Renters Protections in Federally Subsidized Housing Threats from Neighbors or the Landlord Domestic Violence & Harassment FAQ Retaliation Retaliation Protections Retaliation FAQ Resources Renters Resources COVID-19 Resources Every tenant in Washington is protected by theWashington Law Against Discrimination, meaning that the landlord cannot discriminate against their tenant based on their sex, gender, age, sexual orientation, familial status, etc. (1) If at any time during the tenancy the tenant fails to carry out the duties required by RCW. A tenant may request a repair service from their landlord if there are any damages that exceed normal wear and tear. 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. 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. (1) A landlord may not, based on the source of income of an otherwise eligible prospective tenant or current tenant: (a) Refuse to lease or rent any real property to a prospective tenant or current tenant, unless the: (i) Prospective tenant's or current tenant's source of income is conditioned on the real property passing inspection; (ii) written estimate of the cost of improvements necessary to pass inspection is more than one thousand five hundred dollars; and (iii) landlord has not received moneys from the landlord mitigation program account to make the improvements; (b) Expel a prospective tenant or current tenant from any real property; (c) Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of real property; (d) Attempt to discourage the rental or lease of any real property to a prospective tenant or current tenant; (e) Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this section; (f) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this section; (g) Represent to a person that a dwelling unit is not available for inspection or rental when the dwelling unit in fact is available for inspection or rental; or. Landlord harassment is the willing creation, by a landlord or their agents, of conditions that are uncomfortable for one or more tenants in order to induce willing abandonment of a rental contract.This is illegal in many jurisdictions, either under general harassment laws or specific protections, as well as under the terms of rental contracts or tenancy agreements. (e) All warrants must include at least the following: (i) The name of the agency and building official requesting the warrant and authorized to conduct an inspection pursuant to the warrant; (ii) A reasonable description of the premises and items to be inspected; and. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section. . (c) If a prospective landlord takes an adverse action, the prospective landlord shall provide a written notice of the adverse action to the prospective tenant that states the reasons for the adverse action. Briefly describe the incident of domestic violence, sexual assault, unlawful harassment, or stalking:. Washington state law may allow you three different options: (1) Paying the full security deposit upon signing the lease. After seven days from the date the notice is mailed or delivered to the tenant, the landlord may sell or dispose of the property. (2) A tenant may, without request from the landlord, designate a person to act for the tenant on the tenant's death when the tenant is the sole occupant of the dwelling unit by providing the landlord with the information and signing a statement as provided in subsection (1) of this section. You may review Proclamation 21-09.2,Tenancy Preservation A Bridge to E2SSB 5160, here. However, if the landlord seeks reimbursement for damages from the landlord mitigation program pursuant to RCW. . Nhng ngun ti liu ny c th tm thy ti y. 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. Victims of domestic violence may be able to request to have their locks changed for enhanced protection. The legislature intends that the remedy provided in RCW. (iii) File an action with the court and apply to the court for release of the rent on the grounds that there was no violation of any obligation imposed upon the landlord or that the condition has been remedied. 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. If the date of the order is on or before the fifteenth of the month, the tenant shall remain current with ongoing rental payments as they become due for the duration of the payment plan; if the date of the order is after the fifteenth of the month, the tenant shall have the option to apportion the following month's rental payment within the payment plan, but monthly rental payments thereafter shall be paid according to the rental agreement. (8) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords. (ii) Such disclosures to the tenant must be in substantially the following form: (iii) The landlord shall provide the disclosure form to the tenant with any lease and renewal that includes the option to pay a fee instead of a security deposit. The landlord is legally allowed to collect rental payments on time, gain the interest earned by the security deposit, and seek a proper eviction process if it's needed. On written request by the landlord, the qualified third party shall, within seven days, provide the name of the alleged perpetrator to the landlord only if the alleged perpetrator was a person meeting the definition of the term "landlord" under RCW. When there is a written rental agreement for the premises, the landlord shall provide an executed copy to each tenant who signs the rental agreement. (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. These interim landlord-tenant protections, contained in Proclamation 21-09.2, will end at 11:59 p.m. on October 31, 2021. (iv) Whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. Were ready to do the same for you. Perhaps there was a misunderstanding. Rental Agreement When a landlord and tenant agree to the terms for the rental of prop- If the landlord fails to complete payment of relocation assistance within the period required under this subsection, the city, town, county, or municipal corporation may advance the cost of the relocation assistance payments to the displaced tenants. WPF UH-02.0110. (a) If the tenant representative makes arrangements with the landlord to pay rent in advance as provided in subsection (1)(a)(iv) of this section, the landlord shall mail a second 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. (c) A portion of the fee or deposit may not be withheld if the dwelling unit fails a tenant-based rental assistance program inspection by a qualified inspector as defined in RCW. (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. Before entry of a judgment or until five court days have expired after entry of the judgment, the tenant or any subtenant, or any mortgagee of the term, or other party interested in the continuance of the tenancy, may pay into court or to the landlord the amount of the rent due, any court costs incurred at the time of payment, late fees if such fees are due under the lease and do not exceed seventy-five dollars in total, and attorneys' fees if awarded, in which event any judgment entered shall be satisfied and the tenant restored to his or her tenancy. Order restricting contact Violation. 14- 12 . . The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded him or her under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant's civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing. (ii) The landlord may not discontinue or alter the terms of insurance during the term of the rental agreement. . (8) If a rental property owner does not agree with the findings of an inspection performed by a local municipality under this section, the local municipality shall offer an appeals process. . (b) "Fire official" means any fire official authorized to enforce the state or local fire code. 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. (a) A personal representative of a deceased tenant's estate if known to the landlord; (b) If the landlord has no knowledge that a personal representative has been appointed for the deceased tenant's estate, 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, (c) In the absence of a personal representative under (a) of this subsection or a person claiming to be a successor under (b) of this subsection, a designated person; or, (d) In the absence of a personal representative under (a) of this subsection, a person claiming to be a successor under (b) of this subsection, or a designated person under (c) of this subsection, any person who provides the landlord with reasonable evidence that he or she is a successor of the deceased tenant as defined in RCW. . After the expiration of the time specified in the warrant, the warrant, unless executed, is void. 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