(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. . A copy of the order, together with a copy of the summons and complaint if not previously served upon the defendant, shall be served upon the defendant. days have elapsed and the repairs have not been made. (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. (f) Any other information that relates to the efficacy of the pilot program. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single-family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit. 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. (i) The name, address, and phone number or other contact information for the tenant representative, if known, who made the arrangements to pay rent in advance; (ii) The amount of rent paid in advance and date through which rent was paid; and. Commerce will review, approve and pay claims as quickly as possible. . Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us, Washington State Human Rights Commissions website. . You may review Proclamation 21-09.2,Tenancy Preservation A Bridge to E2SSB 5160, here. What was happening at the time? (2) In all cases where premises are rented for a specified time that is three months or longer, the tenant may elect to pay any deposits, nonrefundable fees, and last month's rent in three consecutive and equal monthly installments, beginning at the inception of the tenancy. The court shall also enter an order directing the parties to proceed to trial on the complaint and answer in the usual manner. . 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. (3) If a tenant living for less than two years in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. (3) When a tenant has permanently vacated due to voluntary or involuntary events, other than by the ending of the tenancy by the landlord, a landlord must serve a notice to any remaining occupants who had coresided with the tenant at least six months prior to and up to the time the tenant permanently vacated, requiring the occupants to either apply to become a party to the rental agreement or vacate within 30 days of service of such notice. If payment of the amount specified in this subsection is not made within five court days after the entry of the judgment, the judgment may be enforced for its full amount and for the possession of the premises. Any excess income derived from the sale of such property under this section must be held by the landlord for a period of one year from the date of sale, and if no claim is made for recovery of the excess income before the expiration of that one-year period, the balance must be treated as abandoned property and deposited by the landlord with the department of revenue pursuant to *chapter, (b)Personal papers and personal photographs that are not claimed by a tenant representative within ninety days after a sale or other disposition of the deceased tenant's other property shall be either destroyed or held for the benefit of any successor of the deceased tenant as defined in RCW. 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. A recording of the proceedings may be taken. . (3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to low-income tenants. (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. Protected Class Harassment & Retaliation Policy . Washingtons small claims courts will hear many types of landlord-tenant disputes valued at valued at more than $250 but less than $5,000. However, the court must order the landlord to pay costs and reasonable attorneys' fees to the person petitioning for termination of the tenancy if the court finds that the landlord failed to comply with the duty to investigate, regardless of which party prevails. Illegal Entry into the Rental Property. . Upon written notice of intent to seek a search warrant, when a landlord denies a fire official the right to search the common areas of the rental building other than the dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas, a court of competent jurisdiction shall issue a warrant allowing a search of the common areas in which the violation is alleged. Jurisdiction of district and superior courts. (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. 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) The landlord shall not abuse the right of access or use it to harass the tenant, and shall provide notice before entry as provided in this subsection. . . Elizabeth Souza. (ii) The landlord may not discontinue or alter the terms of insurance during the term of the rental agreement. (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. They must also avoid causing undue property damage. Additionally, please check with your local Washington county or municipality for additional rules and protections for both landlords and tenants. Any landlord who violates this section may be liable to such tenant for his or her actual damages sustained by him or her, and up to one hundred dollars for each day or part thereof the tenant is thereby deprived of any utility service, and the prevailing party may recover his or her costs of suit or arbitration and a reasonable attorney's fee. The rate of interest shall be the maximum legal rate of interest permitted under RCW. An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent. If the landlord cannot give tenants these repairs, they may exercise theirrepair and deductright. . 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. 12 14 . (5) "Qualified third party" means any of the following people acting in their official capacity: (b) Persons subject to the provisions of chapter. (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. The checklist shall include a diagram showing the emergency evacuation routes for the occupants. Proclamation 21-09.2 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. 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. If the landlord doesn't return the deposit to the tenant within the provided 21-day notice, the landlord may have to pay up to two times the amount of the deposit, as well as the attorney's fees for the tenant. . Please have the following required documents scanned to attach to your claim. (b) The tenant shall be named as a party to any action filed by the landlord under this section, and shall have the right to file an answer and counterclaim, although any counterclaim shall be dismissed without prejudice if the court or arbitrator determines that the tenant failed to follow the notice requirements contained in this section. . (1) A landlord must accept a personal check, cashier's check, or money order for any payment of rent made by a tenant, except that a landlord is not required to accept a personal check from any tenant that has had a personal check written to the landlord or the landlord's agent that has been returned for nonsufficient funds or account closure within the previous nine months. Residential Landlord-Tenant Act (RCW 59.18). (v) The court shall extend the writ of restitution as necessary to enforce the order issued pursuant to this subsection (3)(c) in the event of default. . (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. Violations may be prosecuted under chapter. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due; or. . By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Read on for more information about Washington State harassment laws, and call the attorneys at Will & Will for legal help. 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. . . . The incident(s) that I rely on in support of this declaration were committed by the following person(s): . However, in Seattle, the landlord may need to send a 60 days' notice before raising rent from 10% onwards. 14 . After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. The court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer, and if it shall appear that the plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a writ of restitution, returnable ten days after its date, restoring to the plaintiff possession of the property and if it shall appear to the court that there is no substantial issue of material fact of the right of the plaintiff to be granted other relief as prayed for in the complaint and provided for in this chapter, the court may enter an order and judgment granting so much of such relief as may be sustained by the proof, and the court may grant such other relief as may be prayed for in the plaintiff's complaint and provided for in this chapter, then the court shall enter an order denying any relief sought by the plaintiff for which the court has determined that the plaintiff has no right as a matter of law: PROVIDED, That within three days after the service of the writ of restitution issued prior to final judgment, the defendant, or person in possession of the property, may, in any action for the recovery of possession of the property for failure to pay rent, stay the execution of the writ pending final judgment by paying into court or to the plaintiff, as the court directs, all rent found to be due, and in addition by paying, on a monthly basis pending final judgment, an amount equal to the monthly rent called for by the lease or rental agreement at the time the complaint was filed: PROVIDED FURTHER, That before any writ shall issue prior to final judgment the plaintiff shall execute to the defendant and file in the court a bond in such sum as the court may order, with sufficient surety to be approved by the clerk, conditioned that the plaintiff will prosecute his or her action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he or she may sustain by reason of the writ of restitution having been issued, should the same be wrongfully sued out. So long as the tenant is in compliance with this chapter, the landlord shall not take or threaten to take reprisals or retaliatory action against the tenant because of any good faith and lawful: (1) Complaints or reports by the tenant to a governmental authority concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenant; or. (3)(a) A landlord or prospective landlord may not deny, discourage application for, or otherwise make unavailable any rental dwelling unit based on a tenant's or prospective tenant's medical history including, but not limited to, the tenant's or prospective tenant's prior or current exposure or infection to the COVID-19 virus. 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. This subsection does not apply to tenants residing in subsidized housing. If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW. (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. (b) 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 rental agreement with less than 20 days' written notice if the tenant receives permanent change of station or deployment orders that do not allow a 20-day written notice. (3) Where the court has entered a judgment in favor of the landlord restoring possession of the property to the landlord, the court may award reasonable attorneys' fees to the landlord; however, the court shall not award attorneys' fees in the following instances: (a) If the judgment for possession is entered after the tenant failed to respond to a pleading or other notice requiring a response authorized under this chapter; or. . Check out this list of common examples of what constitutes landlord harassment below. Use all electrical, gas, heating, and plumbing fixtures as intended. [, If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW, (1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he or she shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW, (2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or. . Senate Bill 5160 (ii) The tenant exercises his or her rights to terminate the rental agreement under subsection (3) of this section within sixty days of providing notice that the tenant has changed or added locks. 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. (Attorney/Landlord Name), . Laws in Washington state provide a specific set of rules that landlords and tenants have to comply with if they want to keep a safe and healthy leasing relationship. (b) All or part of the beneficial ownership, and a right to present use and enjoyment of the property. . When the tenant decides to leave the rental unit, the landlord must return the security deposit within 21 days of the tenant leaving to comply with the law. (Fax - required if available), (1) A court may order an unlawful detainer action to be of limited dissemination for one or more persons if: (a) The court finds that the plaintiff's case was sufficiently without basis in fact or law; (b) the tenancy was reinstated under RCW. . . 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. (B) "Change of use" means: (I) Conversion of any premises from a residential use to a nonresidential use that results in the displacement of an existing tenant; (II) conversion from one type of residential use to another type of residential use that results in the displacement of an existing tenant, such as conversion to a retirement home, emergency shelter, or transient hotel; or (III) conversion following removal of use restrictions from an assisted housing development that results in the displacement of an existing tenant: PROVIDED, That displacement of an existing tenant in order that the owner or a member of the owner's immediate family may occupy the premises does not constitute a change of use. (f) The service member has leased the property, but prior to taking possession of the rental premises, receives change of station orders to an area that is 35 miles or more from the location of the rental premises. (1) If a court or an arbitrator determines that: (a) A landlord has failed to carry out a duty or duties imposed by RCW, (b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord in accordance with RCW. TO STOP A PHYSICAL EVICTION, YOU ARE REQUIRED TO PAY THE BALANCE OF YOUR RENT AND/OR PAYMENT PLAN IN THE AMOUNT OF $. If your complaint is within our area of responsibility: The complaint will be assigned to a staff member. (3) "Landlord" has the same meaning as defined in RCW, (4) "Prospective landlord" has the same meaning as defined in RCW. (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. Anyone who is found guilty of harassment can be charged with a gross misdemeanor. All Rights Reserved. (B) If the landlord serves the notice of default described under this subsection (3)(c)(iii), an additional day is not included in calculating the time before the sheriff may execute the writ of restitution. Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. (5)(a) A landlord who receives notice that the rent due has been deposited with an escrow pursuant to subsection (2) of this section may: (i) Apply to the escrow for release of the funds after the local government certifies that the repairs to the conditions listed in the notice under subsection (3) of this section have been properly repaired. (iii) The insurer denied the claim because the landlord submitted insufficient documentation or proof to substantiate the claim. 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. . (11) As of June 10, 2010, a local municipality may not enact an ordinance requiring a certificate of inspection unless the ordinance complies with this section. If the tenant cures the violation within the one-day period, the rental agreement does not terminate. 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. (1) The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the tenant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter. The certification shall be provided to the tenant, and a copy shall be included by the tenant with the notice sent to the landlord under subsection (3) of this section. (22) "Premises" means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant. (4) At the time of service or mailing of the pay or vacate notice and additional notice to the tenant, a landlord must also send copies of these notices to the local dispute resolution center serving the area where the property is located. (B) Facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Financial Statement - Harassment (Attachment) 07/2011. In this article, we're going to provide an overview of all the legal clauses in the state, according to the law. 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 . (f) A tenant may end a tenancy for a specified time by providing notice in writing not less than 20 days prior to the ending date of the specified time. (3) Not more than ten days in all other cases. (6) The provision of verification of a report under subsection (1)(b) of this section does not waive the confidential or privileged nature of the communication between a victim of domestic violence, sexual assault, or stalking with a qualified third party pursuant to RCW, (1) A tenant screening service provider may not (a) disclose a tenant's, applicant's, or household member's status as a victim of domestic violence, sexual assault, or stalking, or (b) knowingly disclose that a tenant, applicant, or household member has previously terminated a rental agreement under RCW, (2) A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant's or applicant's or a household member's status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under RCW. 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. Legal Assistance Guide | Tenants Union Programs Know Your Rights Legal Assistance Guide Legal Assistance for Tenants Legal Resources Tenants Union Tenant Counselors are not attorneys, and this information should not be considered legal advice. (1)(a) Prior to obtaining any information about a prospective tenant, the prospective landlord shall first notify the prospective tenant in writing, or by posting, of the following: (i) What types of information will be accessed to conduct the tenant screening; (ii) What criteria may result in denial of the application; (iii) If a consumer report is used, the name and address of the consumer reporting agency and the prospective tenant's rights to obtain a free copy of the consumer report in the event of a denial or other adverse action, and to dispute the accuracy of information appearing in the consumer report; and. Usual manner what constitutes landlord harassment below the State, according to the efficacy of the agreement. Review, approve and pay claims as quickly as possible gross misdemeanor with local! Repairs, they may exercise theirrepair and deductright E2SSB 5160, here answer in the amount of.! 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