Washington Landlord-Tenant Law

Transcription

1 Washington Landlord-Tenant Law SEMINAR OUTLINE: Introduction and Learning Objectives... 2 Introduction to Washington Landlord Tenant Law... 2 Basic Definitions... 3 Situations Not Controlled by Residential L-T Law... 3 Agency Law... 4 Applications and Screening... 5 Fair Housing and Screening... 5 Source of Income Anti-Discrimination... 6 Waiting Lists and Holding Deposits... 7 Rental Agreements and Leases... 8 Security Deposits... 9 The Landlord s Duties Landlord s Right of Entry / Tenant s Right to Privacy Retaliation Special Situations Terminations of Tenancy Abandonment Evictions and Unlawful Detainer These materials were written by RHAWA member/instructor: Christopher T. Benis, edited and updated by Evan Loeffler, and RHAWA Staff. The materials provided by RHAWA for this course are for the use of the participants enrolled in the course. Copyrighted course materials may not be further disseminated. Formal legal advice and review is recommended prior to selection and use of this information. RHAWA does not represent your selection or execution of this information as appropriate for your specific circumstance. The material contained and represented herein, although obtained from reliable sources, is not considered legal advice or to be used as a substitution for legal counsel SW Andover St, Ste D207 Seattle, WA Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 1

2 INTRODUCTION AND LEARNING OBJECTIVES INTRODUCTION TO WASHINGTON LANDLORD TENANT LAW Almost all residential landlord-tenant relationships are governed by the Residential Landlord-Tenant Act ( RLTA ). The RLTA can be found in Chapter of the Revised Code of Washington (RCW). However, there exist other laws which also affect residential landlord-tenant matters. For example, eviction procedures are also set forth in Chapter of the RCWs. Hard copies of the RCWs can be viewed at most public libraries. Because new laws are being enacted all the time which also set forth the legal obligations of landlords and the rights of tenants the internet is often the most up-to-date source for legal research. The relevant sections of the RCWs can be viewed online at Various federal and state laws govern the screening and rental process (e.g. the Fair Credit Reporting Act and lead-based paint disclosures) but are beyond the scope of this basic outline. Finally, local laws come into play. Most familiar are the ordinances adopted by the city of Seattle, which can be found at Other local municipalities, such as Renton and Auburn have adopted supplementary landlord tenant laws as well. The list of local landlord-tenant codes grows frequently. Many of these local governments require larger owners and/or operators of rental housing to obtain a business license. When considering a question in the area of residential landlord-tenant relations, it is important to make certain that you review all levels of law (federal, state and local). Remember, you usually have to comply with the most restrictive standard. So even if certain actions may be legal under one level of law, it may be prohibited by another. Although it is beyond the scope of this introductory class, you should also consider the question, what business are you in? There are many types of real estate investments. Investors need to carefully consider the location and type of property they are interested in purchasing and managing. /2 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

3 BASIC DEFINITIONS The RLTA covers any rental agreement between landlord and tenant to occupy a dwelling unit unless an explicit exemption is applicable. It is important to understand how these terms are defined because some of the terms in the RLTA have legal definitions that differ from the common meanings of the terms in question. These definitions can be found in RCW Some of the more critical definitions are the following: Rental Agreement: Any agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit (would include an oral tenancy as well). Dwelling Unit: a structure or part of a structure used as a home, residence or sleeping place by one or more persons maintaining a common household. Single Family Residence: A structure used or maintained as a single unit, notwithstanding whether it shares one or more walls with another unit, if it has direct access to a street and shares neither heating facilities, hot water equipment, not any other essential facility or service with any other dwelling unit (note that row or townhouses may fit within the definition of a single family residence). Landlord: The owner, lessor or sublessor of a dwelling unit or property of which it is a part, as well as a designated representative of a landlord (note that a property manager is therefore included in the definition of the landlord within the meaning of the RLTA). Owner: A person (including business entities) with legal title to a property or beneficial ownership and a right to present use and enjoyment of a property. (note that even if property is in a trust or other limited liability entity, that the beneficiary is still liable as the Owner of the property). Tenant: A person entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. SITUATIONS NOT CONTROLLED BY RESIDENTIAL L-T LAW In most cases, if a tenant is residing on a piece of property, the relationship between that tenant and the owner of the property is governed by the RLTA. However, several exceptions exist. It may be possible that an exception applies that that you are not governed by the RLTA Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 3

4 Relationships exempted from the Residential Landlord Tenant Act: Institutions where residence is incidental to detention, medical, religious, educational or other similar services. Occupancy under an Earnest Money agreement to purchase. Residence in a hotel, motel or other transient lodging defined in RCW (less than 30-days occupancy) Lease of residence incidental to lease of land primarily for agricultural purposes. Residences for seasonal agricultural employees. Occupancy by an employee of a landlord who s right to occupy the premises is conditioned upon employment on or about the premises. Additionally, in certain circumstances (set forth in RCW ), an arrangement otherwise governed by the RLTA can be made exempt. For this to be the case, ALL of the following must be true: Agreement is not in a preprinted form No substantial inequality in bargaining position. Exemption does not violate public policy in favor of safe and sanitary housing. Either the local county prosecutor, the Attorney General s Office of the state of Washington, or an attorney for the tenant has approved the above. This standard is very difficult to meet. In most cases, the exception is practically impossible to achieve. AGENCY LAW If the property is being managed by a licensed real estate agent or broker (a Licensee ) acting on behalf of a client, the licensee is required to comply with the Real Estate Agency Disclosure Law. This law can be found in RCW Compliance is not required for licensees who are managing their own property or property in which they have an ownership interest. Most property management companies, however, have been required to comply with this law since it became effective January 1, The theory behind the law was that in residential sales transactions buyers didn t realize that the agent driving them around to look at houses (i.e. the selling agent) typically represented the seller, not the buyer. This law was enacted to correct this situation by clarifying the party which Licensees represented and requiring disclosure of the representation. Since a Licensee in a conventional real estate brokerage might also help people find a house to rent, renting and leasing is in the law as well. While this makes sense, it is an open question whether it is logical to require Licensees acting as managers of apartment complexes to disclose to tenants that they were not acting as agents for the tenants. Regardless of the logic, the disclosure is required any time a Licensee is managing property. The law requires two things: Written disclosure: RCW requires written disclosure to all parties to whom you render real estate brokerage services, before the party signs an offer, disclosing whether you represent buyer/tenant, seller/landlord, neither or both. Disclosure can be in a separate paragraph in a lease entitled Agency Disclosure or in a separate form entitled Agency Disclosure. RCW (1)(f) requires a pamphlet to be given to all applicants before any agreements are signed. /4 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

5 APPLICATIONS AND SCREENING RCW governs applications and credit checks. However, the City of Seattle has implemented new rules, including the Fair Chance Housing ordinance prohibiting landlords from accessing criminal history on applicants. The U.S. Department of Housing and Urban Development (HUD) published a guidance relating to landlord s use of an applicant s criminal history to deny housing. The analysis of these rules and restrictions exceeds the scope of this introductory class. These laws are covered in detail in RHA s Fair Housing seminar. Applicants are entitled to receive a written notification (by written notice or posting) of: What types of info will be accessed to conduct the screening. What criteria may result in denial of the application. If using a third party service, the name and address of the agency and the tenant s rights to receive a free copy of the report and rights to dispute its accuracy. A landlord may charge tenants for professional screening if the landlord complies with the above disclosure. The landlord may perform its own screening and charge the prospective tenant the actual costs. In doing so, the landlord may not charge an amount in excess of what professional screening companies charge in the general area. Landlords are encouraged to develop their own rental criteria. For example, see RHAWA forms, Application for Tenancy and Criteria for Tenant Selection Guidelines. State law (now supplementing federal law) requires an Adverse Action Notice to the applicant any time an applicant receives a conditional acceptance (for example, if the landlord requires an increased deposit) and any time an applicant is denied tenancy. Each credit screening company will have their own form of Adverse Action Letter. For example, see RHAWA form, Adverse Action Notice. This disclosure also informs the tenant of where to go to dispute credit information. FAIR HOUSING AND SCREENING This is a topic which justifies an entire course. As such, this is only intended to outline the basic concepts and to provide some general guidance. Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 5

6 Fair housing law is a layer cake: state and local laws supplement federal laws. In some cases (notably federal law) one law may conflict with another. To reconcile these discrepancies, the rule is that the most restrictive law applies. For example, different lists of protected classes exist at the federal, state and local level. Under federal law, the protected classes are: race, color, religion, national origin, sex, familial status and disability. The Washington Law Against Discrimination adds marital status, sexual orientation, families with children status, honorably discharged or military status, and use of a service animal. For landlords, the RLTA also makes recipients of certain sources of income as well as victims of domestic violence quasi-protected classes. However, your property may be located in a jurisdiction which has added other protected classes such as source of income, HIV status and Section 8 participation. A list of fair housing agencies and protected classes by jurisdiction is available at Basic Suggestions: Avoid unintended discrimination (i.e. making decisions for applicants) Avoid discriminatory rules Issues of accommodation (rule bending) Develop objective criteria and stick to them Inform tenants of standards - self screening Keep good records--especially of denials Concepts that are currently unclear are issues relating to occupancy limits and the extent to which a criminal background may be used as grounds for a denial of tenancy. As discussed in Section 5, The U.S. Department of Housing and Urban Development (HUD) published a guidance relating to landlord s use of an applicant s criminal history to deny housing. A copy of the guidance is available at This guidance limits the ability of a landlord to refuse to rent to all applicants on the solely on the basis of having a criminal record. For properties located in the city of Seattle, most landlords are required to display a Fair Housing Poster at a prominent location on the property. Under Seattle Municipal Code (SMC) , which was adopted by the city in late 2006, all residential property managers and real estate professionals within Seattle City limits must "prominently display" a lettersized fair housing poster in their place of business. Posters should be readily accessible to anyone who visits a property rental office, apartment building or real estate business. Owners of properties that have no common areas, such as duplexes or single-family homes, are not expected to display the posters. Instead, they should make copies available to applicants, new tenants and all other customers even those who do not apply as tenants. Failure to display or distribute the poster can result in fines ranging from $125 to $500. The poster can be downloaded from the website of Seattle s Office for Civil Rights at A unique area of fair housing relates to accommodating residents with disabilities. By definition, this topic is complicated because each situation (each applicant or tenant, each property) is unique. SOURCE OF INCOME ANTI-DISCRIMINATION /6 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

7 RCW EFFECTIVE 9/30/2018 The Washington legislature enacted a state law that prohibits landlords from considering a tenant s source of income when making tenancy decisions. A tenant s protected sources of income include housing subsidy programs, public assistance, veteran s benefits, social security, retirement benefits, and any other program administered by any government or non-profit agency. When considering an applicant with a rent subsidy, a landlord must (1) subtract any payment from subsidy program from the total monthly rent (to reduce the amount of rent that the tenant would pay out of pocket) and (2) include all sources of income in the tenant s total income when calculating income screening criteria for any tenant. For example, if your criteria states that income must be 3x the rent a tenant with an HCV (Section 8), it would be applied as 3x the tenant s portion of the rent. You must still use your regular screening to determine if applicant is an acceptable risk. Most tenant-services agencies only screen participants for program eligibility. In addition, many municipalities have enacted ordinances that require even more specific treatment of certain types of verifiable sources of income and prohibit discrimination against renters who use subsidies to pay for housing. Landlord Mitigation Program The Source of Income law also created the Landlord Mitigation Fund to encourage landlords to rent to low income tenants by compensating them for certain types of damages. A landlord who is required to make more than $500 of improvements before a subsidized tenant can move in to his or her property can apply for up to $1,000 in compensation for expenses exceeding $500. If required improvements exceed $1,500, the landlord can deny tenancy based on excessive burden. Landlords can also apply for up to $5,000 in compensation for lost rent, unpaid utilities, property damage, and legal fees incurred when a low-income tenant breaches a lease. A landlord must have at least $500 in damages to be eligible to apply and must agree not to pursue the tenant for any amount if he or she receives compensation from the fund. Funds will be awarded on a first-come, first-served basis when landlord submits required documentation. See for more information. WAITING LISTS AND HOLDING DEPOSITS Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 7

8 For landlords with extremely desirable properties, prospective tenants may ask to have their names placed on a waiting list for available units. RCW permits the use of such lists, but states that prospective tenants may not be charged a fee to place their name on the list. Rather than sign a lease immediately upon acceptance of a tenant, some property managers wait a period of time (for example, until move-in day) to sign the actual lease. In such cases, prospective tenants may sign a holding agreement. Holding Agreements are permitted providing that the landlord complies with RCW Specifically, the tenant must receive a written statement of the conditions under which the deposit is refundable. In most cases this language is found on the application form. To comply with the law, the tenant should receive a copy of the application (or other documents serving as the notice governing refunds). If the applicant enters into tenancy, the landlord must credit holding deposit toward the first month s rent and/or the security deposit. If the applicant fails to take occupancy, the landlord can keep the deposit in accordance with the written agreement. The penalty for violation is as much as $100, plus court costs and attorney s fees. RENTAL AGREEMENTS AND LEASES Providing that a tenancy is for a term equal to or less than one-year, oral tenancies are enforceable in the state of Washington. Assuming the parties can convince a court of what the terms were of the agreement, they are binding. Once circumstance in which an oral tenancy may exist is where the parties neglected to sign a written lease. Obviously, it is better for both the landlord and tenant that the rules governing the tenancy are set forth in writing. In several circumstances, the law requires a written agreement. This is true where the term of the tenancy is for a fixed term (i.e. not a month-to-month tenancy) in excess of a calendar year and where the landlord has taken a refundable deposit from the tenant. A rental agreement or lease should be carefully tailored to encompass the unique features of your rental property, as well as the expectations you have of your tenants. For examples, see RHAWA forms: WA State Lease/Rental Agreement & Security Deposit Receipt (Multi-Family) WA State Lease/Rental Agreement & Security Deposit Receipt (Single Family) All forms should be considered to be a starting point for the landlord to tailor their own form of agreement by addendum. Some of the basic issues to consider include: Is the tenancy for month-to-month agreement or for a lease for a specific term? If the lease is for a specific term, what happens at the end of the term? Does it end or roll over to a month-to-month tenancy. Is there a minimum stay requirement? /8 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

9 What is the rent? Is there a late payment charge? Where should the rent be paid? Note that rent is due on the last day of the term unless another date is specified in the agreement. What are the rules of tenancy? If the term of the lease exceeds a year, it must be in the form of a deed (i.e. notarized and contain the legal description). If the landlord s name is not posted on the property, it must be set forth in the written agreement. If the name is neither posted nor set forth in the agreement, it is presumed to be the person to whom rent is payable. (See RCW (12)). If the landlord is not located in the state of Washington, someone resident in the county in which the property is located must be disclosed to the tenant as the person to receive legal notices, such as a repair request or a lawsuit, on behalf of the landlord. For any situation in which the tenant is other than a single individual, all occupants of legal age should sign the rental agreement. In addition to the foregoing, the rental agreement should include the following, either within the same document or as an addendum: Any disclosures required by city ordinance (ex: Seattle s Information for Tenants). For all properties located in Washington, a Department of Health approved Mold Disclosure Notice is required to be delivered to all tenants. For example, see RHAWA form, Mold Handout. For multi-family properties, a Fire Safety Disclosure Form is required by RCW (12). See RHAWA forms, Fire Safety Handbook for Apartment Managers (Seattle). Water heater notice. Lead Paint disclosures for target housing created before 1978 (see RHAWA form, Lead Based Paint Disclosure Addendum). Miscellaneous clauses the landlord may wish to include are: Pet agreements and addendums Changes in occupants (room-mate addendums) Safety warnings (ex: cellular antennas) Descriptions of the manner in which utilities are to be billed. See RHAWA forms, Lease Signing Addenda for a variety of examples. Tenants are entitled to request one free copy of their rental agreement and/or move-in checklist for free during their tenancy. SECURITY DEPOSITS The RLTA makes no distinction between security deposits, damage deposits, key deposits, pet deposits, or any other kind of deposit. To avoid confusion and to ensure that any monies on deposit can be applied to any amount of money owed by the Tenant, it better not to distinguish between deposits. The term security deposit should be sufficient to describe any refundable monies held by the landlord during the tenancy. Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 9

10 In taking a security deposit, the landlord must comply with RCW This statute includes the following requirements: The rental agreement must be in writing. The agreement must specify the terms under which the deposit is refundable. If there are any specific requirements that the tenant must satisfy before he/she is entitled to a full refund, these should be specified in detail. For example, if the tenant must professionally clean carpets or draperies at the end of the tenancy, the agreement should include that statement. The landlord and tenant must sign a checklist at the commencement of the tenancy. The checklist must cover a number of items in detail. The Tenant is entitled to receive a copy of the checklist. The refundable security deposit must be placed in a trust account separate from the landlord s other funds. It should be identified in the account name as a tenant trust account. The types of financial institutions in which trust funds can be kept are listed in RCW The rental agreement must include a statement of the bank and branch address at which the deposit is kept. The Landlord may keep the interest generated by the deposits. On sale or transfer of the property, the deposit must be transferred to the new owner Any monies collected by the landlord that are not refundable should not be called deposits. See RCW Any monies that are called deposits automatically become refundable and must be handled according to the rules above. Whether or not last month s rent is a deposit within the meaning of RCW is determined by the rental agreement. Once a tenancy concludes, the tenant is entitled to receive an accounting of the deposit together with any refund due. The statement must be mailed to the tenant at their last known address no later than 21 days following their vacation of the premises. If a landlord misses the deadline, the landlord must pay the entire deposit to the tenant. If the landlord is found to have willfully violated this requirement by failing to provide the statement or refund the deposit within 21 days a court may award up to twice the deposit back, plus court costs and attorneys fees. Case law from 2016 provides that a landlord must demonstrate that any delay in meeting the 21-day deadline was not in the landlord s control. If a landlord waited until day 20 to start cleaning the court will consider that an unacceptable delay. The landlord must provide actual costs, not quotes, bids, or estimates. If a landlord was unable to complete repairs within 21 days but shows a good faith effort to do so, that delay might be excused. An inventory and inspection checklist must be completed before the landlord collects the security deposit. For example, see RHAWA form, Property Condition Checklist. Property owners are encouraged to develop their own form which describes the unique attributes of their property. Many owners elect to take photos and video tapes setting forth the condition of the unit as well, but this can only be a supplement to, and not a replacement, of the written checklist required by the statute. Recent amendments clarify the disposition of deposits in cases where a landlord s interest in the property is foreclosed upon. /10 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

11 THE LANDLORD S DUTIES Most of the duties of the landlord are defined in terms of reasonableness. The Residential Landlord-Tenant Act also imposes an obligation of good faith. RCW By its nature, these standards are subject to interpretation. As landlord-tenant disputes can easily end up in court, it is very important to make certain that your interpretation of reasonableness and good faith are defensible. The landlord s duties as per RCW are, first and foremost, to keep the premises fit for human habitation and in particular, to: Maintain premises in compliance with codes and laws. Maintain structural components of the building. Keep common areas clean and safe. Program for the control of pests. Maintain the premises in as good a condition as at the commencement of the tenancy except for damage caused by reasonable wear and tear. Reasonably adequate locks and keys (note additional requirements by local jurisdiction). Maintain safeguards with reasonable care of any master or duplicate keys. Maintain electrical, plumbing, heating, and other landlord supplied facilities and appliances. Maintain the structure in a reasonably weathertight condition. Provide receptacles and garbage removal service (except for single family homes). Provide heat, and hot and cold water as reasonably required by the tenant. Provide tenants a fire safety and protection information notice (Form #10) Provide tenants a mold information pamphlet (RHAWA form, Mold Handout) Designate in writing or by posting of landlord s name and address. Additional duties exist under RCW to provide written receipts for any cash payments, and provide receipts for all payments on request. RCW provides that each tenant should receive a copy of the rental agreement and also that a tenant may request one free replacement copy. In all circumstances, there is no duty on the landlord to repair a problem that was caused by the Tenant. Likewise there is no duty to repair if tenant unreasonably denies access to the landlord. Where a repair is required, the tenant may give notice to the landlord pursuant to RCW The repair notice must be in writing (although judges routinely ignore this requirement). The notice should be delivered to the landlord or to whoever collects the rent. The landlord is required to commence repairs AS SOON AS POSSIBLE, but in no case later than: hours if tenant deprived of hot or cold water, heat, electricity, or condition imminently hazardous to life. Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 11

12 2. 72 hours when tenant deprived of use of refrigerator, range, oven or major plumbing fixture supplied by the landlord days in all other cases. The burden is on the landlord to complete the repairs promptly after commencement. If circumstances beyond the landlord s control delay completion of the work, the landlord shall do so as soon as possible. A landlord may not rent a condemned or unlawful dwelling. If a landlord knowingly rents uninhabitable property, the tenant may recover the greater of: 3 month s rent or treble the actual damages, plus costs and attorney s fees. This may apply to illegal apartments. If the landlord fails to comply with these timelines, the tenant may either: 1. Vacate and get a pro-rated rent refund (RCW ) 2. Repair and Deduct (RCW ): Give the landlord repair estimate in person or by certified mail, deduct up to one month s rent, with a maximum of two month s rent per year. The tenant may complete the repair if licensing is not required by state law, and deduct up to one month s rent. The landlord and tenant may agree to credit work against rent (See RCW (5)). The tenant may be entitled to a judgment for the diminished rental value as determined by the court after a hearing, which may be used as a set-off against rent (RCW ). Tenants may also avail themselves of the law governing rent escrows (RCW ): The defective condition must substantially endanger tenant s safety (see list in subsection (2)); Tenant calls local government for an inspection (must occur within 5 days); Inspector shall give landlord notice of inspection and an opportunity to be present; If certified as dangerous, and tenant cannot in good faith repair using RCW , then rent can be deposited into an escrow account, giving landlord written notice in approved form within 24 hours; and Landlord may challenge in court. LANDLORD S RIGHT OF ENTRY / TENANT S RIGHT TO PRIVACY These circumstances are both governed by RCW Tenant shall not unreasonably withhold entry to a Landlord wishing to: inspect, make repairs, or exhibit the premises. However, the Landlord must (in most cases) give notice of intent to enter: Except in case of emergency or impracticality, the landlord must give at least two days notice of intent to enter to inspect or repair. The landlord must give at least one day s notice to exhibit to a potential seller or rent. /12 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

13 Entry may only be at reasonable times. The landlord may enter at any time in case of emergency or abandonment. A tenant may not unreasonably withhold consent to enter where at least one day s notice is given of intent to show to prospective purchasers or renters. The notice must provide a window of time for the entry to occur, as well as provide a contact phone number should the tenant wish to object to the entry. Penalties for breach apply after one notice of violation for both landlords and tenants who fail to comply with RCW The penalty after the first notice of violation is $100 per violation, plus court costs and attorneys fees. See RHAWA form, Entry to Premises Notice for a sample form of landlord s Notice of Entry. RCW also contains provisions for entry by fire officials to perform inspections. RETALIATION Neither the landlord nor the tenant may lawfully retaliate against the other for the lawful exercise of their rights under the RLTA. See RCW and 250. The landlord is deemed to have retaliated against a tenant who: Complains to a government agency or otherwise asserts their rights under the landlord-tenant act, and. Within 90 days thereafter, the landlord either: seeks to evict the tenant, increases the rent, reduces services, or increases other obligations of the tenant. In such a case, there is a rebuttable presumption that the landlord has retaliated against the tenant. No presumption exists where the tenant is in arrears in rent. Likewise, no presumption exists where the landlord s notice specifies reasonable grounds for the action in question. In cases of illegal retaliation, the prevailing party in any action is entitled to recover court costs and reasonable attorneys fees. Retaliation is also prohibited in the City of Seattle, as part of the Landlord Prohibited Acts Ordinance. See SMC Seattle s Landlord Prohibited Acts Ordinance establishes rights of tenants to organize, free from retaliation by their landlords. Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 13

14 SPECIAL SITUATIONS Tenant deaths landlords often have problems securing the premises or determining which, if any, of the next of kin who may arrive are entitled to access to the Premises. Landlords are encouraged to work closely with the County Coroner or Medical Examiner and local police department before authorizing entry to any person not on the lease. The legislature promulgated new laws concerning the death of sole occupants of rental properties. Landlords should obtain designations of Tenant Representatives from their sole occupant tenants and provide the proper notices to the representatives in the event of the death of a tenant. See RCW and.595. Changes in occupants (room-mates) it is strongly recommended that the landlord develop a consistent manner (usually in the form of a lease addendum) to memorialize the changing nature of the legal relationships (binding authority of the lease, entitlement to prepaid moneys or security deposits, etc.) whenever there is a change in occupancy. Changes in building ownership the former owner must transfer security deposits to the new owner. The new owner must identify him/her/itself and give a name, address for delivery of legal notices and payment of rent, and new account information for security deposits. Disputes between tenants a good resource on this subject is the Tenant on Tenant Harassment Policy developed by the King County Office of Civil Rights Enforcement. It is available online at TERMINATIONS OF TENANCY A lease for a specified term expires at the end the specified term. Tenants may not hold over and are guilty of unlawful detainer if they do. RCW If the tenancy is month-to-month (or a term lease which converted to a month-to-month basis), then it is terminable by a minimum of twenty (20) days written notice from one to the other. See RCW Note that the notice must be /14 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

15 received a minimum of twenty days before the end of a term. Thus a notice to terminate on the 28th of February must be received by the 8th of the month to be effective. Under certain circumstances, Tenants may break their lease and move out without penalty. In addition to the rights described elsewhere in these materials, Tenants may break a lease without penalty in the following circumstances: Members of the armed forces or their spouses or dependents may terminate a rental agreement with less than twenty days' notice if reassignment or deployment orders that do not allow a twenty-day notice. (See RCW (b) and RCW (2)). Certain tenants who obtain a valid order for protection under applicable law, or victims of domestic violence, sexual assault, or stalking as defined in statute, who report the incident to a qualified third party acting in his or her official capacity and the qualified third party has provided the tenant or the household member a written record of the report signed by the qualified third party, which is then provided to the Landlord. See RCW Special rules exist in the city of Seattle because of a law known as the Just Cause Eviction Ordinance (JCEO). The JCEO can be found in SMC (c). Under the JCEO, a tenant may terminate a month-to-month tenancy at any time by giving the landlord a minimum of twenty days written notice. However, landlords are only permitted to issue termination notices to tenants if just cause exists as defined in the JCEO. Although a full list can be found in the text of the ordinance, some of the more commonly used Just causes include: 1. Issuance and noncompliance with a ten-day notice to comply or vacate, a three-day notice to pay rent or vacate, or a three-day notice to vacate for waste, nuisance or illegal business. 2. The tenant has paid the rent late (as defined in the rental agreement) at least four (4) times in the twelve (12) months preceding issuance of the notice and the tenant was notified in writing on each occasion. 3. The tenant violated a material term of the rental agreement on three (3) occasions in the twelve (12) months preceding issuance of the notice and the landlord issued ten-day notice to comply or vacate on each occasion. 4. The landlord or a member of the landlord s immediate family wishes to reside in the unit and no comparable unit is available. 5. The tenant is an employee and the employment relationship is terminated. 6. The landlord intends to perform major remodeling which cannot be done with the tenant in occupancy (the landlord must obtain permits and a tenant relocation license). 7. The unit is to be demolished and appropriate permits have been obtained. 8. The tenant shares the Landlord s own housing unit as a roommate. 9. The tenant has committed criminal activity on the premises. In each case, the landlord must specify in the notice of termination of tenancy which section of the JCEO he is relying upon. In certain circumstances, a tenant may terminate a lease before waiting for the expiration date. This is only permissible in case of a threat to the tenant s safety: If another tenant threatens one tenant with a deadly weapon, and the other tenant is arrested as a result of the threat, if the Landlord fails to begin an unlawful detainer action within seven (7) days notice from the tenant of the other s arrest, the victim may vacate. In such case the vacating tenant is entitled to receive the security deposit and a pro-rata rent refund. See RCW If the landlord threatens a tenant with a deadly weapon and is arrested, the tenant may vacate. In such case, the tenant shall receive a security deposit and pro-rata rent refund. See RCW Landlords who operate dedicated drug and alcohol free housing are afforded expedited procedures in terminating residents who fail to follow the rules of such housing. See RCW Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 15

16 ABANDONMENT If the tenant has defaulted in the payment of rent and by words or actions indicated that he or she does not intend to resume the tenancy, then the premises are deemed to have been abandoned. See RCW If the landlord believes the premises have been abandoned, it is recommended that the landlord first inspect (with notice unless it s obviously abandoned) and then Issue a notice of abandonment. See RHAWA form, Abandonment Notice. In such case, the landlord may change the locks and remove the tenant s possessions from the property. The property must be stored in a reasonably secure place. The landlord must write a letter to the tenant (at their last known address usually the unit) stating that the property will be sold if not collected. If the property is worth less than $250, it must be kept for seven (7) days. If worth more than $250, the property must be kept for 45 days before sale or disposal. See RHAWA form, Storage of Resident s Property Notice. EVICTIONS AND UNLAWFUL DETAINER Unlawful Detainer is a status. It means that the tenant is unlawfully detaining the property. The tenant is doing so when: 1. The tenant is obligated to do something; 2. The tenant doesn t do it; 3. The landlord delivers written notice of the defect to the tenant (and usually an opportunity to cure); 4. The notice is delivered correctly; and 5. Tenant fails to cure within the applicable time period (query: what about partial performance?). Types of notices: 1. Three day pay rent or vacate (see RHAWA form, 3-day notice to pay or vacate). 2. Ten-day notice of comply or vacate (see RHAWA form, 10-day notice to comply with agreement or vacate) day notice of termination (see RHAWA forms, Termination of Tenancy 20 Days or Termination of Tenancy Seattle Only) day notice for waste, nuisance or unlawful use (see RHAWA form, 3-day notice to terminate tenancy). /16 RHA SEMINAR: Washington Landlord-Tenant Law Rental Housing Association of Washington, 2017 Revised 9/20/2018

17 Correct service of notices: (see RHAWA forms, During Tenancy, Instructions) 1. Attempt hand delivery 2. Give to someone of suitable age and discretion resident on the premises and mail. 3. Post on door and mail. The statute requires that a notice be conspicuously affixed to the premises. When mailing, mail by regular or get a certificate of mailing, do not mail certified. Once these steps are all completed, and the tenant fails to comply or vacate, only then is the tenant in unlawful detainer (meaning, that the tenant is now unlawfully detaining the property), giving rise to the landlord s right to commence an unlawful detainer action. Unlawful detainer procedures usually are as follows: 1. A summons and complaint are drafted. Usually this is done by an attorney. 2. Although the summons and complaint may be filed with the court and a case number obtained, this is not necessary. Frequently an unfiled summons and complaint are served. This is still a legal proceeding regardless of the lack of filing. 3. The summons and complaint must be actually hand-delivered to the tenants by an adult third party. Service at the resident is effective on all tenants. If service is delivered elsewhere, the tenants must each be served personally (except husbands and wives). 4. If it is not possible to actually serve the tenants personally, alternative service may be performed after making reasonable attempts and obtaining a court order authorizing alternative service. 5. Once service is complete, the tenant has a minimum of seven days to answer the complaint in writing. The summons will inform the tenant of the deadline to submit an answer. 6. If the tenant fails to answer, a default judgment may be obtained from the Court. A default judgment means it is not necessary to have a hearing because the defendant has not responded to the complaint. 7. If the tenant answers, a show cause hearing is usually scheduled. At the show cause hearing the landlord (or landlord s representative) and the tenant will give oral testimony on whether the tenant is in default. These hearings usually last less than 10 minutes. It is important to answer the questions concisely. 8. If the judge finds that the tenant is unlawfully detaining the premises, he or she will enter a judgment against the tenant and sign an order directing the court clerk to issue a writ or restitution (the writ ). The writ is a court order instructing the county sheriff to restore possession of the property to the landlord. 9. If the judge is unable to decide the case at the hearing, the matter will be set for trial. It may be a bench trial (i.e. the judge decides the case) or either party may request a jury trial. If the landlord prevails at trial, the judgment is entered against the tenant and the order directing the clerk to issue the writ of restitution is signed. 10. The writ is issued by the Clerk of the Court, which is then delivered to the sheriff along with a request for storage of personal property. 11. The sheriff will visit the property on the next court day following delivery of the writ. If the tenant is on the property, the writ will be hand-delivered. If not, the writ will be posted on the door. 12. The writ informs the tenants they have three (3) court days following delivery of the writ to vacate the property. 13. If the tenant fails to vacate by the deadline set forth on the writ, the landlord may then schedule a physical eviction with the sheriff. In such case, the sheriff will only keep the peace and the landlord must supply the actual labor the remove the tenant s belongings from the property. 14. The landlord must follow the Sheriff s instructions regarding what to do with the tenant s belongings. If the tenant filled out and returned the request for storage of personal property the landlord must store the property in a reasonably secure manner for up to 30 days. The tenant must reimburse the landlord for the cost of moving and storing the personal property in order to get it back. 15. Except in case of abandonment of the premises by the tenant, in no case should the landlord remove the tenant or the tenant s possessions from the premises unless the Sheriff is present. Rental Housing Association of Washington, 2017 Revised 9/20/2018 RHA SEMINAR: Washington Landlord-Tenant Law 17