(ii) If a prospective landlord conducts his or her own screening of tenants, the prospective landlord may charge his or her actual costs in obtaining the background information only if the prospective landlord provides the information as required in (a) of this subsection. 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. (3)(a) Following the entry of a judgment in favor of the landlord and against the tenant for the restitution of the premises and forfeiture of the tenancy due to nonpayment of rent, the court, at the time of the show cause hearing or trial, or upon subsequent motion of the tenant but before the execution of the writ of restitution, may stay the writ of restitution upon good cause and on such terms that the court deems fair and just for both parties. (2) Any landlord who maintains a website advertising the rental of a dwelling unit or as a source of information for current or prospective tenants must include a statement on the property's home page stating whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. Any landlord is eligible if their rental property is in Washington when the tenant(s) have unpaid charges for damages and are: Due to the high risk of fraudulent claims through this program, survivors of domestic violence, sexual assault, unlawful harassment or stalking must be willing to provide documentation to substantiate their eligibility for this program. Domestic Violence & Harassment Resources. However, if the landlord decides to discontinue providing the option of paying a fee in lieu of a security deposit, the landlord shall: (A) Provide 60 days' notice to the tenant prior to end of term or period; (B) Reduce the deposit by the amount of a tenant's previous fee payments in lieu of the deposit; and. . The fair housing agency will attempt to negotiate a resolution between the two parties throughout the process. The escrow shall release the funds to the landlord less any escrow costs for which the tenant is entitled to reimbursement pursuant to this section, immediately upon written receipt of the local government certification that the repairs to the conditions listed in the notice under subsection (3) of this section have been properly completed. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. (5) The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment. (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. . Agabkan waxaa laga heli karaahalkan. (iii) A statement that the landlord may sell or dispose of the property on or after the date through which rent is paid or at least forty-five days after the second notice is mailed, whichever comes later, if a tenant representative does not claim and remove the property in accordance with this subsection. (1)(a) If a tenant notifies the landlord in writing that he or she or a household member was a victim of an act that constitutes a crime of domestic violence, sexual assault, unlawful harassment, or stalking, and either (a)(i) or (ii) of this subsection applies, then subsection (2) of this section applies: (i) The tenant or the household member has a domestic violence protection order, sexual assault protection order, stalking protection order, or antiharassment protection order under chapter. Proclamation 21-09.2 The proposed rent due date may not be more than five days after the date the rent is due in the rental agreement. In Washington, the following actions may be considered discriminatory with regards to housing practices: To learn more or report discrimination, please visit the Washington State Human Rights Commissions website. . 14- 12 . protects tenants of most housing types from being discriminated against due to race, color, national origin, religion, sex,, or disability. The relationship between landlord and tenant is not always peaceful. (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. (c) The tenant shall be entitled to reimbursement for any escrow costs or fees incurred for setting up or maintaining an escrow account pursuant to this section, unless the tenant did not comply with the notice requirements of subsection (2) or (3) of this section. The Landlord-Tenant Act defines domestic violence as a pattern of abusive behavior (physical, sexual, verbal, emotional, or psychological) used by someone to control an intimate partner. (360) 474-4952 103 North Street. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit. . Sexual Harassment. If your complaint is within our area of responsibility: The complaint will be assigned to a staff member. . The Attorney Generals Office translated this 14-day notice into 12 languages commonly-spoken in Washington. When the landlord must commence to remedy the defective condition within ten days as provided in RCW, (3) If the landlord fails to carry out the duties imposed by RCW. (8) By July 1, 2022, until July 1, 2023, the administrative office of the courts must provide a report to the legislature summarizing the report data shared by the superior courts and dispute resolution centers under subsection (7) of this section. (1) If the tenant fails to comply with any portion of RCW, (2) Any other substantial noncompliance by the tenant of RCW, (3) If drug-related activity is alleged to be a basis for termination of tenancy under RCW, (4) If criminal activity on the premises as described in RCW, (5) If gang-related activity, as prohibited under RCW, (6) A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related activity, for creating an imminent hazard to the physical safety of others, or for engaging in gang-related activity that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences under this section, if the unlawful detainer action was brought in good faith. (2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. (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. (2) A landlord may refuse to accept cash for any payment of rent made by a tenant, but shall provide a receipt for any payment made by a tenant in the form of cash when the landlord accepts cash. (6) If a landlord knowingly violates this section, the landlord is liable to the deceased tenant's estate for actual damages. Washington Late Fees and Other Rent Rules. (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. Affordable, decent housing for all. Please visit the Department of Health website (hum.wa.gov) for more . . The summons must contain a street address for service of the notice of appearance or answer and, if available, a facsimile number for the plaintiff or the plaintiff's attorney, if represented. 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. They may initiate a dispute resolution process to work for a voluntary settlement of the case. If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys' fees. (2) Assertions or enforcement by the tenant of his or her rights and remedies under this chapter. 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. (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. (8) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords. 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. **some local laws provide for a longer period of time. . (A) If the tenant has satisfied (c)(ii) of this subsection by paying one month's rent within five court days, but defaults on a subsequent payment required by the court pursuant to this subsection (3)(c), the landlord may enforce the writ of restitution after serving a notice of default in accordance with RCW. The Attorney General's Office has the legal authority to accept and attempt to resolve disputes concerning issues that arise from mobile/manufactured tenancy where an individual owns the home and rents a lot for the home in a mobile/manufactured home park. . . Updates on these legislative efforts can be found on the citys website. Mag-click dito para sa naipi-print na dokumento / Click here for a printable document. Any approved and paid claim will prohibit the landlord (or agency on the landlords behalf) from pursuing legal action against the tenant for damages or remaining rents owed from March 1, 2020, until Dec. 31, 2021. However, if the tenant has disputed the claim, the party seeking reimbursement shall defer any collection activities for an additional 60 days to resolve the dispute. (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." (24) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises. This notice may be delivered or mailed to the landlord or the landlord's representative at the following address: This notice may also be served by facsimile to the landlord or the landlord's representative at: IF YOU WANT YOUR LANDLORD TO STORE YOUR PROPERTY, THIS WRITTEN REQUEST MUST BE RECEIVED BY THE LANDLORD NO LATER THAN THREE (3) DAYS AFTER THE SHERIFF SERVES THE WRIT OF RESTITUTION. . If the habitability issue is an emergency and includes heat, water or electricity landlords have 24 hours to fix the issue. (5) "Criminal history" means a report containing or summarizing (a) the prospective tenant's criminal convictions and pending cases, the final disposition of which antedates the report by no more than seven years, and (b) the results of a sex offender registry and United States department of the treasury's office of foreign assets control search, all based on at least seven years of address history and alias information provided by the prospective tenant or available in the consumer credit report. Is Washington a Landlord Friendly State? If a tenant is threatened by the landlord with a firearm or other deadly weapon as defined in RCW, A landlord and tenant may agree, in writing, to exempt themselves from the provisions of RCW. (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. . If a landlord knowingly uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her, statutory damages not to exceed two times the monthly rent charged for the unit, costs of suit, and reasonable attorneys' fees. State law also provides you the right to receive interpreter services at court. 2023, iPropertyManagement.com. Landlord harassment. 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. Let Us Handle . 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. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior court, and such court shall have jurisdiction to issue an appropriate order. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. (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. Rental Agreement When a landlord and tenant agree to the terms for the rental of prop- . (6)(a) If a landlord brings an action for the release of rent deposited, the court may, upon application of the landlord, release part of the rent on deposit for payment of the debt service on the premises, the insurance premiums for the premises, utility services, and repairs to the rental unit. (ii) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees. The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent either by making individual payments by certified check to displaced tenants or by providing a certified check to the governmental agency ordering condemnation, eviction, or displacement, for distribution to the displaced tenants. Payment of rent condition to exercising remedies, Landlord's failure to remedy defective condition. (b) If the landlord places the property in storage pursuant to subsection (1)(a) of this section, the landlord shall mail a second written notice, unless a written notice under (a) of this subsection has already been provided, 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. What was the motive? The Washington Law Against Discrimination . . 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 (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. Month-to-month tenants in Washington must always provide 20 days of advance notice before terminating their lease. If any additional inspections of the rental property are conducted, a copy of the findings of these inspections may also be required by the local municipality. However, it's always recommended to provide the lease in written form since it can serve as proof of everything agreed upon. (iii) The insurer denied the claim because the landlord submitted insufficient documentation or proof to substantiate the claim. Refusing to Accept Rent Payments as a Means of Intimidation. Arlington, WA 98223. Perhaps there was a misunderstanding. (27) "Reasonable attorneys' fees," where authorized in this chapter, means an amount to be determined including the following factors: The time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, and the experience, reputation and ability of the lawyer or lawyers performing the services. (24) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. En el 2019, la Asamblea Legislativa del Estado de Washington aprob y el Gobernador Inslee firm una ley que obligaba a los arrendadores a notificar al inquilino al menos 14 das antes de iniciar un proceso de desalojo, y elabor un nuevo formulario de notificacin que los arrendatarios deben enviar a los inquilinos en caso de que no paguen el alquiler, los servicios pblicos u otros cargos peridicos establecidos en el contrato de arrendamiento. (1) The office of the attorney general shall produce and maintain on its website translated versions of the notice under RCW. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); In Washington state, a threat, no matter how it was meant, can be perceived as harassment and can lead to criminal charges against you. 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. (3)(a) If an insurer compensates a landlord for a valid claim associated with the landlord's losses pursuant to the lease, including but not limited to rent, fees, or unit damage in excess of wear resulting from ordinary use of the premises: (i) The landlord may not seek reimbursement of the amounts from the tenant that the insurer paid to the landlord; (ii) In the event the insurer has subrogation rights, the insurer may seek reimbursement from the tenant but only for the amounts paid to the landlord that were owed by the tenant to the landlord pursuant to the lease, and in no circumstances for amounts, if any, paid to the landlord for repair of wear resulting from ordinary use of the premises; and, (iii) The tenant is entitled to any defenses to payment against the insurer as against the landlord, including any defenses under RCW. (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. Except as provided in RCW. In Washington, a fixed-term lease can be terminated early for any of the following reasons: Protected groups. However, failing to provide proper documentation to satisfy the requirements below may cause a claim to be denied. 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. (5) The prevailing party shall recover reasonable attorneys' fees and costs. The legislature further finds that victims of these crimes who do not have access to safe housing are more likely to remain in or return to abusive or dangerous situations. Nhng ngun ti liu ny c th tm thy ti y. 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 (2) If a landlord knowingly violates subsection (1) of this section, the tenant shall recover either three months' periodic rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, costs of suit, or arbitration and reasonable attorneys' fees. 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