Falsely representing the availability of a unit, Offering different terms, conditions, or privileges between tenants, Advertising the sale or rental of a dwelling in a manner that indicates a discriminatory preference, Failing to provide reasonable accommodations, Enforcing a neutral rule that disproportionately impacts one or more classes of tenants over another, Whether the smoke detection device is hard-wired, or battery operated, Whether the building has a fire sprinkler system, Whether the building has a fire alarm system, Whether the building has a smoking policy, and what that policy is, Whether the building has an emergency notification, evacuation, and/or relocation plan for the occupants (and if so, a copy of that plan must be provided). [. If they do, they may face penalties for precipitating an illegal lockout. Is Washington a Landlord Friendly State? YOU SHOULD RETAIN PROOF OF SERVICE. (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. 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. (4) Upon learning of the death of the tenant, the landlord may enter the deceased tenant's dwelling unit and immediately dispose of any perishable food, hazardous materials, and garbage found on the premises and turn over animals to a tenant representative or to an animal control officer, humane society, or other individual or organization willing to care for the animals. (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 record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. . (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. More info on this ordinance can be found here. (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. . David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. . On written request by the landlord, the qualified third party shall, within seven days, provide the name of the alleged perpetrator of the act to the landlord only if the alleged perpetrator was a person meeting the definition of the term "landlord" under RCW, (b) A tenant who terminates his or her rental agreement under this subsection is discharged from the payment of rent for any period following the latter of: (i) The date the tenant vacates the unit; or (ii) the date the record of the report of the qualified third party and the written notice that the tenant has vacated are delivered to the landlord by mail, fax, or personal delivery by a third party. Provide scheduled maintenance to utilities and fixtures. (1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life; (2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and. "Source of income" does not include income derived in an illegal manner. (3) Not more than ten days in all other cases. Washington law also provides additional protections for the following groups: Discriminatory Acts & Penalties. However, 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. Some states require landlords to send advanced notice to their tenant before entering their property. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. 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. Landlord responsibilities include providing a safe housing environment that complies with local laws. . . Month-to-month tenants in Washington must always provide 20 days of advance notice before terminating their lease. Media Center (d) Licensed mental health professionals or other licensed counselors; (e) Employees of crime victim/witness programs as defined in RCW, (f) Members of the clergy as defined in RCW, (6) "Sexual assault" has the same meaning as set forth in RCW, (7) "Stalking" has the same meaning as set forth in RCW. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 2020 - 2023 Will & Will, Attorneys At Law. (4) The common law right of the landlord of distress for rent is hereby abolished for property covered by this chapter. This requires landlords to issue 90 days of written notice when a tenants property is being modified or demolished. The administrative fee for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise allocated by the arbitrator, shall be shared equally by the parties: PROVIDED, That upon either party signing an affidavit to the effect that he or she is unable to pay his or her share of the fee, that portion of the fee may be waived or deferred. We only handle cases in Washington State. Being charged with harassment is serious. (32) A "single-family residence" is a structure maintained and used as a single dwelling unit. Building Infrastructure (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. (city) . day of . They must also avoid causing undue property damage. Under Revised Code of Washington, Section 9A.46.020, any of the following actions whether in person or over the phone or internet could be considered harassment: Adding to the above, intent is not an issue. Trong nm 2019, C quan lp php tiu bang Washington v Thng c Inslee k php ch bt buc ch t gi thng bo t nht 14 ngy trc khi tin hnh th tc trc xut, v to mu thng bo mi m ch t phi gi cho ngi thu nu h khng tr tin thu, tin cc dch v tin ch hoc ph nh k khc tho thun trong hp ng thu. ., Washington, this . . 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. . (3) Prior to the sale of property stored pursuant to this section with a cumulative value of over two hundred fifty dollars, the landlord shall notify the tenant of the pending sale. (e) Notwithstanding (d) of this subsection, the landlord may invoice the tenant and undertake collection activity against a tenant for landlord's losses if the insurer denies the claim because the loss is not covered pursuant to the insurance agreement, including if the value of the loss exceeded the insurance coverage loss limit. Your submission has been received! (d) The local government or its designee shall certify whether the condition or the conditions specified by the tenant do exist and do make the premises substantially unfit for human habitation or can be a substantial risk to the health and safety of the tenant as described in (a) of this subsection. The landlord shall accept any written pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of both the amount of rent due, including any current rent, and other amounts if required under this subsection. Landlords cannot evict tenants for unpaid late fees or other charges that are not monthly rental payments ( RCW 59.18.283 ). (a) Prior to undertaking collection activity for damages arising out of the tenancy after a tenant who has paid a fee in lieu of a security deposit vacates, the landlord must: (i) Notify the tenant of the damages or any unpaid rent or fees in a manner consistent with RCW, (ii) Forward to the tenant documentation substantiating the damages; and. (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. "Reprisal or retaliatory action" shall mean and include but not be limited to any of the following actions by the landlord when such actions are intended primarily to retaliate against a tenant because of the tenant's good faith and lawful act: (b) Increasing the rent required of the tenant; (c) Reduction of services to the tenant; and. What to Do Immediately If Falsely Accused as a Sex Offender, Washington State Stand Your Ground Law & Self-Defense, Revised Code of Washington, Section 9A.46.020, Revised Code of Washington, Section 9A.20.030, harassment accusations are actually false, Saying you will damage someone elses property, Threatening to restrain or confine someone, Saying you will carry out any other action that would hurt someone mentally or physically. (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. I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Important Update Regarding Eviction Moratorium. (B) Facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If the payment plan is to exceed thirty days, the total cumulative payments for each thirty-day period following the order shall be no less than one month of the tenant's share of the rent, and the total amount of the judgment and all additional rent that is due shall be paid within ninety days. (10) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes. The notice shall either be mailed to the tenant's last known address or personally delivered to the tenant. Note: These rights are automatic, which means they attach to either party even if the lease does not provide for them. (3) The landlord fails to file an unlawful detainer action against the tenant who threatened another tenant within seven calendar days after receiving notice of the arrest from a law enforcement agency; then the tenant who was threatened may terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement. (c) The local government or its designee, after receiving the request from the tenant to conduct an inspection under this section, shall conduct the inspection and make any certification within a reasonable amount of time not more than five days from the date of receipt of the request. Intent 1992 c 38: "The legislature recognizes that tenants have a number of duties under the residential landlord-tenant act. (b) After the tenant provides notice to the landlord that the tenant has changed or added locks, the tenant's rental agreement shall terminate on the ninetieth day after providing such notice, unless: (i) Within sixty days of providing notice that the tenant has changed or added locks, the tenant notifies the landlord in writing that the tenant does not wish to terminate his or her rental agreement. .. Financial Statement - Harassment (Attachment) 07/2011. Verbally or Physically Threatening a Tenant. (iv) Whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. (b) In determining whether to release rent for the payments described in (a) of this subsection, the court shall consider the amount of rent the landlord receives from other rental units in the buildings of which the residential premises are a part, the cost of operating those units, and the costs which may be required to remedy the condition contained in the notice. Check out this list of common examples of what constitutes landlord harassment below. Any provision in a rental agreement creating a lien upon the personal property of the tenant or authorizing a distress for rent is null and void and of no force and effect. . (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. If a tenant fails to accept the terms of a reasonable repayment plan within 14 days of the landlord's offer, the landlord may proceed with an unlawful detainer action as set forth in RCW. The landlord has rights, such as, the right to the interest earned by security deposit or to recover payment for damages caused beyond normal wear and tear. 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. (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. When the landlord relies on this basis for ending the tenancy, the court may stay any writ of restitution for up to 60 additional days for good cause shown, including difficulty procuring alternative housing. (c) In any order issued pursuant to this subsection (3): (i) The court shall not stay the writ of restitution more than ninety days from the date of order, but may order repayment of the judgment balance within such time. Landlords have 72 hours to fix an issue that involves the refrigerator, oven, range, or a major plumbing issue. (ii) Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, the landlord rents the unit to someone other than the former tenant, or the landlord otherwise indicates that the owner does not intend to sell the unit; (f) The tenant continues in possession of the premises after the landlord serves the tenant with advance written notice pursuant to RCW, (g) The tenant continues in possession after the owner elects to withdraw the premises to pursue a conversion pursuant to RCW. (h) Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for his or her source of income, would be eligible to rent real property. The parties may agree to submit any dispute to mediation before exercising their right to arbitration under RCW, (1) The landlord and tenant may agree, in writing, except as provided in RCW, (a) Controversies regarding the existence of defects covered in subsections (1) and (2) of 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. The landlord shall agree to such a proposal if it is submitted in writing and the tenant can demonstrate that his or her primary source of income is a regular, monthly source of governmental assistance that is not received until after the date rent is due in the rental agreement. House & Apartment Tenants' rights Tenants' rights Know Your Rights Other House Problems For court forms, choose the Court Forms & Procedures tab below Know Your Rights Court Forms & Procedure 101 Resource (s) Found Filter By: Language Format The Basics (31) Deposits / Damages Claims (6) Evictions about owing rent (9) A written record of a report signed by a qualified third party must be substantially in the form specified under subsection (1)(b) of this section. 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. ., and . Haga clic aqu para obtener un documento imprimible / Click here for a printable document, 2019Inslee14141412., / Click here for a printable document. Use all electrical, gas, heating, and plumbing fixtures as intended. Domestic violence. Thng bo14 ngy bo cho ngi thu tng trch nhim ti chnh m ch t tnh ton. The notice and demand shall be served by delivering a copy personally to the landlord or the landlord's agent. Therefore, such activity, although it may be occurring within an individual's home or the surrounding areas of an individual's home, becomes the community's concern. The Attorney Generals Office translated this Eviction Resolution Program notice into 17languages commonly-spoken in Washington. Prior to the sale or disposal of property stored pursuant to this section with a cumulative value of two hundred fifty dollars or less, the landlord shall notify the tenant of the pending sale or disposal. These resources can be found here. (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. If your landlord-tenant issue demands immediate legal action, you may want to seek Landlord Tenant resources for legal advice, mediation or Small Claims Court (for claims under $10,000 no attorney necessary). . A court must impose this penalty in an amount necessary to deter future violations, payable to the tenant bringing the action. I/we understand that I/we am/are responsible for the actual or reasonable costs of moving and storing the property, whichever is less. However, failing to provide proper documentation to satisfy the requirements below may cause a claim to be denied. days have elapsed and the repairs have not been made. (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. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days' written notice of his or her intent to enter and shall enter only at reasonable times. . (3) "Household member" means a child or adult residing with the tenant other than the perpetrator of domestic violence, stalking, or sexual assault. You are receiving this notice because the landlord alleges you are not in compliance with the terms of the lease agreement by failing to pay rent and/or utilities and/or recurring or periodic charges that are past due. This section does not release a cotenant, other than a household member who is the victim of domestic violence, sexual assault, or stalking, from liability or obligations under the rental agreement. IF YOU CHOOSE TO PAY A MONTHLY DEPOSIT WAIVER FEE INSTEAD OF A SECURITY DEPOSIT, HERE IS THE AMOUNT YOU WILL PAY OVER THE LEASE TERM COMPARED TO THE ONE-TIME DEPOSIT PAYMENT: Monthly Nonrefundable Deposit Waiver Fee: Total cost of monthly fees over lease term: In the event your tenancy terminates and you have not paid rent or other amounts due pursuant to the lease, and you have not paid to repair damages beyond wear resulting from ordinary use of the premises, insurance coverage will pay your landlord up to: $_________ for any unpaid rent and fees, and. The prevailing landlord or tenant may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys' fees. (b) Identify the facts and circumstances known and available to the landlord at the time of the issuance of the notice that support the cause or causes with enough specificity so as to enable the tenant to respond and prepare a defense to any incidents alleged. (c) The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent to displaced tenants within seven days of the governmental agency sending notice of the condemnation, eviction, or displacement order to the landlord. . Proceedings under this subsection shall be governed by the time, service, and filing requirements of RCW. (b) If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, a landlord shall provide a minimum of thirty days' prior written notice of an increase in the amount of rent to each affected tenant. Also, Washington allows individual counties to raise or lower the aforementioned filing limits. Living arrangements exempted from chapter. 2019 , , (Jay Inslee) , , 14 , , , , , , . (4)(a) A fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit, as authorized under RCW. (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. Elizabeth Souza. (19) "Owner" means one or more persons, jointly or severally, in whom is vested: (a) All or any part of the legal title to property; or. (3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to low-income tenants. 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. Tenant's rights in WA state for landlord harassment subsidized housing.. my husband is disabled from a massive stroke, he can no longer read,write,or speak (1 or 2 word utterances) He is paralyzed on his entire right side.This makes it very difficult for him to manage on his own. . (b) Receiving an annual income, after taxes, of 200 percent or less of the current federally established poverty level. I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. If the tenant does not cure the violation within the one-day period, the rental agreement terminates as provided in the notice. Site Selectors/Investors Site, Public Records Request . OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Information resources for tenants and landlords in the face of COVID-19, (Vietnamese) Nhp vo y xem ting Vit, (Russian) , , (Ukranian) , , (Somali) Halkan guji haddii ay tahay Af-soomaali, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement. Raising rent. 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. (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. Residential Landlord-Tenant Act (RCW 59.18). (h) Immediate execution of a warrant is prohibited, except when necessary to prevent loss of life or property. . In any action, including actions pursuant to chapters. (b) An interruption in occupancy primarily intended to avoid the application of this section does not affect the application of this section. (4) For the purposes of subsection (1) of this section, the exercise of due diligence is met if the landlord attempts personal service on the tenant at least three times over not less than two days and at different times of the day.