(3) Any repayment plan entered into under this section must: (a) Not require payment until 30 days after the repayment plan is offered to the tenant; (b) Cover rent only and not any late fees, attorneys' fees, or any other fees and charges; (c) Allow for payments from any source of income as defined in RCW, (d) Not include provisions or be conditioned on: The tenant's compliance with the rental agreement, payment of attorneys' fees, court costs, or other costs related to litigation if the tenant defaults on the rental agreement; a requirement that the tenant apply for governmental benefits or provide proof of receipt of governmental benefits; or the tenant's waiver of any rights to a notice under RCW, (4) It is a defense to an eviction under RCW. Applicability to prior, existing or future leases. According to local landlord-tenant laws, tenants may terminate the lease agreement after it ends. Landlords may obtain the information from the department's website or, if requested by the landlord, the department must mail the information to the landlord in a printed format. Arlington, WA Landlord Tenant Attorney with 10 years of experience. . The writ of restitution and the notice that accompanies the writ of restitution required under RCW, (2) The notice accompanying a writ of restitution required under RCW. (8) Not engage in any activity at the rental premises that is: (a) Imminently hazardous to the physical safety of other persons on the premises; and, (b)(i) Entails physical assaults upon another person which result in an arrest; or, (ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW, (9) Not engage in any gang-related activity at the premises, as defined in RCW. IMPORTANT: IF YOU CHOOSE TO PAY A RECURRING MONTHLY FEE INSTEAD OF A SECURITY DEPOSIT: (1) YOU ARE NOT AN INSURED PARTY UNDER THE INSURANCE POLICY PURCHASED BY THE LANDLORD USING YOUR FEES; (2) YOU ARE NOT A BENEFICIARY TO ANY INSURANCE COVERAGE OR ANY INSURANCE BENEFITS UNDER THE INSURANCE POLICY THAT THE LANDLORD PURCHASES USING YOUR FEES; AND. Notice to tenant to remedy nonconformance. (b) The landlord shall turn over possession of the tenant's property to a tenant representative if a request is made in writing within the specified time period or any subsequent date agreed to by the parties; (c) Within fourteen days after the removal of the property by the tenant representative, the landlord shall refund any unearned rent and shall give a full and specific statement of the basis for retaining any deposit together with the payment of any refund due the deceased tenant under the terms and conditions of the rental agreement to the tenant representative; and. (b) Any designation must be in writing, be separate from the rental agreement, and include: (i) The designated person's name, mailing address, any address used for the receipt of electronic communications, and telephone number; (ii) A signed statement authorizing the landlord in the event of the tenant's death when the tenant is the sole occupant of the dwelling unit to allow the designated person to: Access the tenant's dwelling unit, remove the tenant's property, receive refunds of amounts due to the tenant, and dispose of the tenant's property consistent with the tenant's last will and testament and any applicable intestate succession law; and. Here is a list of some clauses that landlords must include in their lease: A rental agreement is required by state laws to be written if the lease is longer than 12 months. 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. (2) Upon written notice of intent to seek a search warrant, when a tenant or landlord denies a fire official the right to search a dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal fire code violations exist in the dwelling unit, a court of competent jurisdiction shall issue a warrant allowing a search of the dwelling unit. 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.. Briefly describe the incident of domestic violence, sexual assault, unlawful harassment, or stalking:. (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. I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall: (1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit; (2) Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant; (3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord; (4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. . Part 1: The Basics Part 2: If the Abuser is Someone You Live With Part 3: If the Abuser is Your Landlord Part 4: If Your Landlord Threatens to Evict You Get Legal Help Download Packet with Sample Forms and Letters Related Resources Please Note: Read this only if you live in Washington State. 3) Do Not Withhold Rent if Your Landlord is Not Making Repairs. We can help. / Click here for a printable document. 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. 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. Upon the end date of the tenancy of a specified period, the tenancy becomes a month-to-month tenancy. However, if after giving the 90-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant. (iii) For the purposes of allowing ample time for the insurance company to consider the landlord's insurance policy, including coverage and sufficiency of the claims and documentation submitted, including appeals, if any, of the insurer's claims decision, not undertake any collection activity for any debt against the tenant until 60 days after notifying the tenant and providing the documentation pursuant to (a)(i) and (ii) of this subsection, whichever is later. Mag-click dito para sa naipi-print na dokumento / Click here for a printable document. However, we have provided a list of resources for those seeking information regarding residential landlord/tenant issues. (C) Offer the tenant an installment plan to pay any remaining balance for the security deposit over three months; (d) May be a recurring monthly fee, or payable upon any schedule and in any amount that the landlord and tenant choose, provided that the first month's fee is a nonrefundable fee as contemplated under RCW. (c) If a rental property is asked to provide a certificate of inspection for a sample of units on the property and a selected unit fails the initial inspection, the local municipality may require up to one hundred percent of the units on the rental property to provide a certificate of inspection. You can find your nearest dispute resolution center at https://www.resolutionwa.org. Arraignment No-contact order. Washington state law may allow you three different options: (1) Paying the full security deposit upon signing the lease. (3) Before the entry of any judgment or issuance of a writ of restitution due to the tenant's failure to appear, the landlord shall provide the court with a declaration from the person or persons who served the tenant that describes the service achieved, and if by alternative service pursuant to this section, that describes the efforts at personal service before alternative service was used and a declaration from the landlord stating his or her belief that the tenant cannot be found. Upon granting such a stay, the court must award court costs and fees as allowed under this chapter; (n)(i) The tenant continues in possession after having received at least 60 days' written notice to vacate prior to the end of the period or rental agreement and the tenant has committed four or more of the following violations, other than ones for monetary damages, within the preceding 12-month period, the tenant has remedied or cured the violation, and the landlord has provided the tenant a written warning notice at the time of each violation: A substantial breach of a material program requirement of subsidized housing, a substantial breach of a material term subscribed to by the tenant within the lease or rental agreement, or a substantial breach of a tenant obligation imposed by law; (B) Provide the tenant an opportunity to cure the violation; (C) State that the landlord may choose to end the tenancy at the end of the rental term if there are four violations within a 12-month period preceding the end of the term; and. Considering that this is an overview with general information about the subject, we suggest that you seek legal advice with an attorney in the state of Washington if you have any doubts about a specific rental case. 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. Not engage in any illegal activity, gang-related activity, or drug-related activity on the premises. They may initiate a dispute resolution process to work for a voluntary settlement of the case. Anyone who is found guilty of harassment can be charged with a gross misdemeanor. Isinalin ng Opisina ng Attorney General itong 14 na araw na abiso sa 12 wika na karaniwang ginagamit sa Washington. (3) Pursue other remedies available under this chapter. . . 14- - , . (3) The form required in this section does not abrogate any additional notice requirements to tenants as required by federal, state, or local law. (13) "Gang-related activity" means any activity that occurs within the gang or advances a gang purpose. (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. All Rights Reserved. The tenant shall remain liable for the rent for the month in which he or she terminated the rental agreement unless the termination is in accordance with RCW, (b)(i) Notwithstanding lease provisions that allow for forfeiture of a deposit for early termination, a tenant who terminates under this section is entitled to the return of the full deposit, subject to RCW, (ii) If the landlord seeks reimbursement for damages from the landlord mitigation program pursuant to 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. (2) A landlord who charges a prospective tenant a fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit, after the dwelling unit has been offered to the prospective tenant, must provide the prospective tenant with a receipt for the fee or deposit, together with a written statement of the conditions, if any, under which the fee or deposit may be retained, immediately upon payment of the fee or deposit. (32) A "single-family residence" is a structure maintained and used as a single dwelling unit. La Oficina del Procurador General recopil informacin para los inquilinos sobre recursos legales y de abogaca, incluyendo organizaciones de inmigrantes y culturales donde los inquilinos pueden recibir asistencia en su idioma nativo. And those who have been accused of harassment deserve a fair fight in court. (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. (f)(i) Disclose to the tenant in writing: (A) The terms of any insurance coverage purchased by the landlord for landlord's losses associated with any unpaid amounts due from the tenant to the landlord 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, and including the amount of exclusions or caps, if any, on coverage of any amounts due from the tenant to the landlord pursuant to the lease; and. Upon the completion of the repair and an opportunity for inspection by the landlord or his or her designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars representing two month's rental of the tenant's unit per repair. (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. 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 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 . View Website View Lawyer Profile Email Lawyer. The record of the report provided to the tenant or household member shall not include the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking. Is Washington a Landlord Friendly State? (1) For the purpose of this section, "drug and alcohol free housing" requires a rental agreement and means a dwelling in which: (a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery; (b) The landlord is a nonprofit corporation incorporated under Title. (2) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may end a tenancy for a specified time if the tenant receives permanent change of station or deployment orders. The tenant does not have a right to cure this subsequent violation. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as nonrefundable fees. (h) If the city, town, county, or municipal corporation must initiate legal action in order to recover the amount of relocation assistance payments that it has advanced to low-income tenants, including any interest and penalties under (f) and (g) of this subsection, the city, town, county, or municipal corporation shall be entitled to attorneys' fees and costs arising from its legal action. No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. (1) "Active duty" means service authorized by the president of the United States, the secretary of defense, or the governor for a period of more than 30 consecutive days. (2)(a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least 90 days before the tenancy ends to effectuate such change in policy. In addition, they are unable to increase the rent on a tenant who they have been convicted of harassing until the Division of Housing and Community Renewal lifts this ban. If a landlord in New York is convicted of a felony for physically injuring a tenant, he or she could face jail time, as well as a fine., Massachusetts has a Consumer Protection law which is designed to protect against unfair or deceptive practices, including harassment. The notice and demand must set forth, in reasonable detail, facts and circumstances that lead the person to believe gang-related activity is occurring. . . . Building Infrastructure Forcible entry or detainer or unlawful detainer actions. The prevailing party may also recover court costs and a reasonable attorneys' fee. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date and time. The information must be provided by the landlord to new tenants at the time the lease or rental agreement is signed; (14) The landlord and his or her agents and employees are immune from civil liability for failure to comply with subsection (13) of this section except where the landlord and his or her agents and employees knowingly and intentionally do not comply with subsection (13) of this section; and, (15) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. 59.18.280. (4)(a) A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection under this section. Harassment laws in Washington state are very clear about what harassment is and is not. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due; or. . Check out this list of common examples of what constitutes landlord harassment below. (1) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected. There's an exception in the city of Seattle, where the security deposit amount may not be higher than one month s rent. Information may be provided in written format individually to each tenant, or may be posted in a visible, public location at the dwelling unit property. day of . (7) Any superior court, in collaboration with the dispute resolution center that is located within or serving the same county, participating in the eviction resolution pilot program must report annually to the administrative office of the courts beginning January 1, 2022, until January 1, 2023, on the following: (a) The number of unlawful detainer actions for nonpayment of rent that were subject to program requirements; (b) The number of referrals made to dispute resolution centers; (c) The number of nonpayment of rent cases resolved by the program; (d) How many instances the tenant had legal representation either at the conciliation stage or formal mediation stage; (e) The number of certifications issued by dispute resolution centers and filed by landlords with the court; and. Sexual Harassment. (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. ., . Or maybe the accusation is an outright lie. 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. The city of Tacoma maintains a Tenant Rights Ordinance. Refusing to Accept Rent Payments as a Means of Intimidation. (28) "Reasonable manner," with respect to disposing of a deceased tenant's personal property, means to dispose of the property by donation to a not-for-profit charitable organization, by removal of the property by a trash hauler or recycler, or by any other method that is reasonable under the circumstances. If a writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required. 216, 311 P.3d 70 (2013); RCW 49.60.309. (5) In all other cases the judgment may be enforced immediately. . (1) Notwithstanding any other provision of law, if a landlord chooses to waive a security deposit requirement, and a tenant agrees to instead pay a fee in lieu of a security deposit, the landlord shall: (a) Ensure that the fee in lieu of a security deposit is strictly optional for the tenant, and the tenant may choose to pay a full security deposit rather than a fee in lieu of a security deposit; (b) Not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a traditional security deposit as a criterion in the determination of whether to approve an application for occupancy; (c) If choosing to offer the fee in lieu of a security deposit option, offer it to every prospective tenant whose application for occupancy has been approved, without further regard to income, race, gender, disability, source of income, sexual orientation, immigration status, size of household, or credit score; (d) Allow any tenant that agrees to pay a fee in lieu of a security deposit to opt out of the continuing fee in lieu of a security deposit obligation upon full payment of the security deposit that is listed in the disclosure form pursuant to (f)(ii) of this subsection, and in the event the tenant seeks to pay a security deposit, RCW, (e) Provide a written checklist to the tenant pursuant to RCW. 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. (3) Prior to filing an unlawful detainer action for nonpayment of rent, the landlord must provide a notice as required under RCW. (1)(a) A landlord may not evict a tenant, refuse to continue a tenancy, or end a periodic tenancy except for the causes enumerated in subsection (2) of this section and as otherwise provided in this subsection. 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. . Unless you fight back, it simply wont disappear. Regardless of not having any limitations, most landlords tend to charge an amount equal to one month of rent. If you do not make all payments or you damage the premises beyond wear resulting from its ordinary use, you may be required by the landlord, an insurance company, or a debt collector to pay the unpaid amounts, including costs of repairing the damages in excess of wear resulting from ordinary use of the premises. Employment Security, /*

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