RCW 59.18.010 through 59.18.420 and 59.18.900 shall be known and may be cited as the "Residential Landlord-Tenant Act of 1973", and shall constitute a new chapter in Title 59 RCW.
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
As used in this chapter: (1) "Active duty" means service authorized by the president of the United States, the secretary of defense, or the governor for a period of more than 30 consecutive days. (2) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with chapter 5.50 RCW by a qualified inspector that states that the landlord has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 that endangers or impairs the health or safety of a tenant. (3) "Commercially reasonable manner," with respect to a sale of a deceased tenant's personal property, means a sale where every aspect of the sale, including the method, manner, time, place, and other terms, must be commercially reasonable. (4) "Comprehensive reusable tenant screening report" means a tenant screening report prepared by a consumer reporting agency at the direction of and paid for by the prospective tenant and made available directly to a prospective landlord at no charge, which contains: (a) a consumer credit report within the past 30 days; (b) the prospective tenant's criminal history; (c) eviction history; (d) employment verification; and (e) address and rental history. (10) "Dwelling unit" is a structure or part of a structure used as a home, residence, or sleeping place by one or more persons maintaining a common household. (16) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or property, and any person designated as representative including an agent, resident manager, or designated property manager. (29) "Rent" or "rental amount" means recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities, but does not include nonrecurring charges for late payment, damages, deposits, legal costs, or other fees. (30) "Rental agreement" or "lease" means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit. (34) A "tenant" is any person entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. (39) "Wear resulting from ordinary use of the premises" means deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition, but does not include deterioration from negligence, carelessness, accident, or abuse.
The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application: (1) Residence at an institution where residence is incidental to detention or provision of medical, religious, educational, recreational, or similar services including correctional facilities, licensed nursing homes, monasteries and convents, and hospitals; (2) Occupancy under a bona fide earnest money agreement to purchase or contract of sale; (3) Occupancy under a written rental agreement entered into by a seller and buyer of a dwelling unit for the seller to retain possession for no more than three months after closing; (4) Residence in a hotel, motel, or other transient lodging; (5) Rental agreements under chapter 47.12 RCW for owner-condemnees; (6) Single-family residence rentals incidental to leases of land used primarily for agricultural purposes; (7) Housing for seasonal agricultural employees while provided in conjunction with such employment; (8) Rental agreements with the state of Washington, department of natural resources, on public lands under Title 79 RCW; (9) Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises.
The district or superior courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter within the respective jurisdictions of the district or superior courts as provided in Article IV, section 6 of the Constitution of the state of Washington.
When the landlord, after the exercise of due diligence, is unable to personally serve the summons on the tenant, the landlord may use the alternative means of service as follows: (a) The summons and complaint shall be posted in a conspicuous place on the premises not less than nine days from the return date stated in the summons; and (b) copies shall be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the tenant's last known address not less than nine days from the return date. When service is accomplished by this alternative procedure, the court's jurisdiction is limited to restoring possession of the premises; no money judgment may be entered until jurisdiction over the tenant is obtained. The exercise of due diligence requires at least three personal service attempts over not less than two days and at different times of the day.
Every 14-day notice served pursuant to RCW 59.12.030(3) must be in substantially the following form: "FOURTEEN-DAY NOTICE TO PAY RENT OR VACATE THE PREMISES. 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. TOTAL AMOUNT DUE: $[dollar amount]. You must pay the total amount due to your landlord within fourteen (14) days after service of this notice or you must vacate the premises. Any payment you make to the landlord must first be applied to the total amount due as shown on this notice." The notice must include information about legal resources, the Eviction Defense Screening Line (855-657-8387), and the Attorney General's website at www.atg.wa.gov/landlord-tenant.
The office of the attorney general shall produce and maintain on its website translated versions of the notice under RCW 59.18.057 in the top ten languages spoken in Washington state. The notice must be made available upon request in printed form on one letter size paper in an easily readable font size. The office of the attorney general shall also provide on its website information on where tenants can access legal or advocacy resources, including information on any immigrant and cultural organizations where tenants can receive assistance in their primary language.
The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation; (2) Maintain the structural components including roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components, in reasonably good repair; (3) Keep any shared or common areas reasonably clean, sanitary, and safe; (4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy; (5) Make repairs necessary to keep the premises in as good condition as at commencement of the tenancy; (6) Provide reasonably adequate locks and furnish keys; (7) Maintain all electrical, plumbing, heating, and other facilities and appliances in reasonably good working order; (8) Maintain the dwelling unit in reasonably weathertight condition; (11) Provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant. The landlord may not effect an involuntary termination of electric utility or water service due to lack of payment on any day for which the national weather service has issued or announced a heat-related alert. Upon tenant request during a heat-related alert, the landlord shall promptly make a reasonable attempt to reconnect service, and may require a repayment plan not to exceed six percent of the tenant's monthly income per month; (12) Provide a written notice to all tenants disclosing fire safety and protection information; (13) Provide tenants with information from the department of health about health hazards associated with exposure to indoor mold; (15) Designate to the tenant the name and address of the person who is the landlord.
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 returned for nonsufficient funds or account closure within the previous nine months. A landlord must also allow for the tenant to submit a rental payment by mail unless the landlord provides an accessible, on-site location. A landlord may refuse to accept cash, but shall provide a receipt for any cash payment accepted. A landlord shall provide, upon the request of a tenant, a written receipt for any payments made in a form other than cash.
When there is a written rental agreement for the premises, the landlord shall provide an executed copy to each tenant who signs the rental agreement. The tenant may request one free replacement copy during the tenancy.
If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may deliver written notice to the person designated in RCW 59.18.060(15), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice as soon as possible but not later than: (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 (3) Not more than ten days in all other cases.
Any law enforcement agency which seizes a controlled substance pursuant to a violation of chapter 69.50 RCW shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records, of the seizure and the location of the seizure of the illegal drugs or substances. Any law enforcement agency which arrests a tenant for threatening another tenant with a firearm or other deadly weapon, or for some other unlawful use of a firearm or other deadly weapon on the rental premises, or for physically assaulting another person on the rental premises, shall make a reasonable attempt to notify the landlord about the arrest in writing.
The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded him or her under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant's civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing.
If a governmental agency 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. If a landlord knowingly violates this section, the tenant shall recover either three months' periodic rent or up to treble the actual damages sustained, whichever is greater, costs of suit, and reasonable attorneys' fees. Where a dwelling will be condemned, the landlord shall be required to pay relocation assistance of the greater of two thousand dollars per dwelling unit or three times the monthly rent, in addition to any deposit and prepaid rent, payable within seven days of the governmental agency's notice.
If, after receipt of written notice, and expiration of the applicable period of time as provided in RCW 59.18.070, the landlord fails to remedy the defective condition within a reasonable time the tenant may: (1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, and 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; (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 (3) Pursue other remedies available under this chapter.
If, at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.18.060 and notice is given to the landlord pursuant to RCW 59.18.070, the tenant may submit to the landlord a good faith estimate of the cost to perform the repairs. If the landlord fails to commence remedial action within the applicable time period after receipt of notice and the estimate, the tenant may contract with a licensed or registered person to make the repair. The tenant may deduct the cost of repair from the rent in an amount not to exceed the sum representing two months' rental of the tenant's unit per repair. The total costs of repairs deducted in any twelve-month period under this subsection shall not exceed two months' rent. For repairs by the tenant that cost not more than one month's rent, no estimate is necessary; total deductions under this method may not exceed one month's rent per twelve-month period.
If a court or an arbitrator determines that a landlord has failed to carry out a duty imposed by RCW 59.18.060 and a reasonable time has passed for the landlord to remedy the defective condition following notice, the court or arbitrator may determine the diminution in rental value of the premises due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to RCW 59.18.100 for which no deduction has been previously made. The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected.
If a landlord fails to fulfill any substantial obligation imposed by RCW 59.18.060 that substantially endangers or impairs the health or safety of a tenant, and the tenant gives written notice of the conditions and the landlord fails to remedy within a reasonable time under RCW 59.18.070, the tenant may request that the local government inspect the premises. If the local government certifies that the conditions exist and substantially endanger the tenant's health or safety, the tenant shall deposit periodic rent into an escrow account rather than paying rent to the landlord. The landlord may apply to the court for release of escrowed funds after certifying that repairs have been made. The landlord shall not commence an unlawful detainer action for nonpayment of rent if the tenant deposits rent into escrow in accordance with this section.
If a court or arbitrator determines a defective condition as described in RCW 59.18.060 to be so substantial that it is unfeasible for the landlord to remedy the defect within the time allotted by RCW 59.18.070, and that the tenant should not remain in the dwelling unit in its defective condition, the court or arbitrator may authorize the termination of the tenancy: PROVIDED, That the court or arbitrator shall set a reasonable time for the tenant to vacate the premises.
Local municipalities may require that landlords provide a certificate of inspection as a business license condition. A local municipality may only require a certificate of inspection on a rental property once every three years. A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported is exempt. If a rental property has twenty or fewer dwelling units, no more than four dwelling units may be selected for inspection as long as no health or safety conditions are found. If a rental property has twenty-one or more units, no more than twenty percent of units (up to 50) may be selected for inspection. Any person who knowingly submits a falsified certificate of inspection is guilty of a gross misdemeanor and subject to a fine of not more than five thousand dollars.
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 by applicable codes, statutes, ordinances, and regulations, and in addition shall: (1) Keep the premises as clean and sanitary as the conditions permit; (2) Properly dispose of rubbish, garbage, and other organic or flammable waste; (3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances; (4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling; (5) Not permit a nuisance or common waste; (6) Not engage in drug-related activity at the rental premises; (7) Maintain the smoke detection device in accordance with the manufacturer's recommendations; (8) Not engage in any activity at the rental premises that is imminently hazardous to the physical safety of other persons and entails physical assaults or unlawful use of a firearm or other deadly weapon which results in an arrest; (9) Not engage in any gang-related activity at the premises; and (10) Upon termination and vacation, restore the premises to their initial condition except for wear resulting from ordinary use.
(1) The tenant shall conform to all reasonable obligations or restrictions concerning the use, occupation, and maintenance of his or her dwelling unit if such obligations are brought to the attention of the tenant at the time of his or her initial occupancy and thus become part of the rental agreement. (2) Except for termination of tenancy and an increase in the amount of rent, after 30 days' written notice to each affected tenant, a new rule of tenancy may become effective upon completion of the term of the rental agreement or sooner upon mutual consent. (3)(a) Except as provided in (b) and (c) of this subsection, a landlord shall provide a minimum of 90 days' prior written notice of an increase in the amount of rent to each affected tenant, and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement. (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 30 days' prior written notice of an increase in the amount of rent.
The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. 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. 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. The notice must state the exact time and date or dates of entry. A landlord or tenant who continues to violate the rights of the other with respect to entry after being served with one written notification listing the date and time of the violation shall be liable for up to one hundred dollars for each violation after receipt of the notice.
If, after receipt of written notice as provided in RCW 59.18.170, the tenant fails to remedy the defective condition within a reasonable time, the landlord may: (1) 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 (2) Pursue other remedies available under this chapter.
(1) If at any time during the tenancy the tenant fails to carry out the duties required by RCW 59.18.130 or 59.18.140, the landlord may give written notice to the tenant of said failure, which notice shall specify the nature of the failure. (2) The landlord may not charge a late fee for rent that is paid within five days following its due date. If rent is more than five days past due, the landlord may charge late fees commencing from the first day after the due date until paid. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due. (3) A tenant whose primary source of income is regular, monthly governmental assistance received after the rent due date may request that the landlord change the rent due date to a date not more than five days after the standard due date.
(1) If the tenant fails to comply with any portion of RCW 59.18.130 or 59.18.140, and such noncompliance can substantially affect the health and safety of the tenant or other tenants or substantially increase the hazards of fire or accident, and can be remedied by repair, replacement, or cleaning, the tenant shall comply within thirty days after written notice by the landlord, or in the case of emergency as promptly as conditions require. If the tenant fails to remedy within the period, the landlord may enter the dwelling unit, cause the work to be done, and submit an itemized bill. (2) Any other substantial noncompliance by the tenant of RCW 59.18.130 or 59.18.140 constitutes a ground for commencing an unlawful detainer action. (3) If drug-related activity is alleged, the compliance provisions do not apply and the landlord may proceed directly to unlawful detainer. (4) If criminal activity on the premises as described in RCW 59.18.130(8) leads to the tenant's arrest, the compliance provisions do not apply and the landlord may proceed directly to unlawful detainer.
Whenever the landlord learns of a breach of RCW 59.18.130 or has accepted performance by the tenant which is at variance with the terms of the rental agreement, he or she may immediately give notice to the tenant to remedy the nonconformance. Said notice shall expire after sixty days unless the landlord pursues any remedy under this chapter.
(1)(a) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, and shall end by written notice of 20 days or more, preceding the end of any of the months or periods of tenancy, given by the tenant to the landlord. (b) Any tenant who is a member of the armed forces 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. (2)(c) Whenever a landlord plans to demolish or substantially rehabilitate premises or plans a change of use of premises, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends.
Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print, and shall be legal and valid for any term or period not exceeding one year, without acknowledgment, witnesses or seals.
(1) Except as limited under RCW 59.18.650, in cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed expired at the end of such specified time upon notice consistent with RCW 59.18.650, served in a manner consistent with RCW 59.12.040. (2) Any tenant who is a member of the armed forces may end a tenancy for a specified time if the tenant receives permanent change of station or deployment orders, by providing written notice of 20 days or more to the landlord with a copy of the official military orders.
(1)(a) Except as provided in RCW 59.18.360, any provision of a lease whereby any section or subsection of this chapter is waived shall be deemed against public policy and shall be unenforceable. (1)(b) Any agreement entered into pursuant to an unlawful detainer action that requires the tenant to pay any amount in violation of RCW 59.18.283 or statutory judgment amount limits, or waives any rights of the tenant, is void and unenforceable. (2) No rental agreement may provide that the tenant: (a) Agrees to waive or forgo rights or remedies under this chapter; (b) Agrees to waive any right to bring, join, or participate in any cause of action against the landlord including class actions; (c) Signs a nondisclosure agreement relating to the lease agreement or details of the offer including rent amount, security deposits or fees, rent concessions, or lease specials; (d) Authorizes any person to confess judgment on a claim; (e) Agrees to pay the landlord's attorneys' fees except as authorized in this chapter; (f) Agrees to the exculpation or limitation of any liability of the landlord; (i) Agrees to pay late fees for rent paid within five days of the due date; or (j) Agrees to make rent payments through electronic means only.
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 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 assertions or enforcement by the tenant of his or her rights and remedies under this chapter. "Reprisal or retaliatory action" includes: (a) Eviction of the tenant; (b) Increasing the rent required of the tenant; (c) Reduction of services to the tenant; and (d) Increasing the obligations of the tenant.
Initiation by the landlord of any action listed in RCW 59.18.240 within ninety days after a good faith and lawful act by the tenant as enumerated in RCW 59.18.240, or within ninety days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption that the action is a reprisal or retaliatory action against the tenant. In any action or eviction proceeding where the tenant prevails upon his or her claim or defense that the landlord has violated this section, the tenant shall be entitled to recover his or her costs of suit or arbitration, including a reasonable attorney's fee.
It shall be unlawful for a landlord to require a fee or deposit from a prospective tenant for the privilege of being placed on a waiting list to be considered as a tenant for a dwelling unit. A landlord who charges a fee or deposit to hold a dwelling unit must provide the prospective tenant with a receipt and a written statement of the conditions under which the fee or deposit may be retained, immediately upon payment. A landlord may not request a fee or deposit to hold a dwelling unit in excess of twenty-five percent of the first month's rent. If the prospective tenant does occupy the dwelling unit, the landlord must credit the amount of the fee or deposit to the tenant's first month's rent or security deposit. In any action brought for a violation of this section, a landlord may be liable for the amount of the fee or deposit charged, plus up to two times the fee or deposit.
A landlord may not, based on the source of income of an otherwise eligible prospective tenant or current tenant: (a) Refuse to lease or rent any real property; (b) Expel a prospective tenant or current tenant; (c) Make any distinction, discrimination, or restriction in the price, terms, conditions, fees, or privileges relating to the rental; (d) Represent to a person that a dwelling unit is not available when the dwelling unit is available; or (e) Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant. If a landlord requires that a prospective tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met. A person in violation of this section shall be held liable in a civil action up to four and one-half times the monthly rent, as well as court costs and reasonable attorneys' fees. "Source of income" includes housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income, and other programs administered by any federal, state, local, or nonprofit entity.
Prior to obtaining any information about a prospective tenant, the prospective landlord shall first notify the prospective tenant in writing of: (i) what types of information will be accessed; (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 a free copy of the report in the event of a denial; and (iv) whether or not the landlord will accept a comprehensive reusable tenant screening report made available by a consumer reporting agency. The landlord may charge a prospective tenant for costs incurred in obtaining a tenant screening report only if the required notice has been provided. 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 in a specified form.
If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement is provided by the landlord to the tenant at the commencement of the tenancy specifically describing the condition and cleanliness of or existing damages to the premises, fixtures, equipment, appliances, and furnishings. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy. If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit.
All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution or licensed escrow agent located in Washington. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.
(1)(a) Within 30 days after the termination of the rental agreement and vacation of the premises, or if the tenant abandons the premises within 30 days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit, together with documentation, and any refund due. (b) With the statement, the landlord shall include copies of estimates received or invoices paid to reasonably substantiate damage charges. Where repairs are performed by the landlord or the landlord's employee, the landlord shall include a statement of the time spent and the reasonable hourly rate charged. (c) No portion of any deposit may be withheld: (i) For wear resulting from ordinary use; (ii) for carpet cleaning unless the landlord documents wear beyond ordinary use; (iii) for costs of repair and replacement if the condition was not documented in the written move-in checklist; or (iv) in excess of the cost of repair of the damaged portion. (2) If the landlord fails to give the statement and documentation within 30 days, the landlord shall be liable to the tenant for the full amount of the deposit. The court may award up to two times the amount of the deposit for intentional refusal. (3)(c) For tenancies with rental agreements initiated on or after July 23, 2023, any lawsuit to recover sums exceeding the deposit shall be commenced within three years of the termination.
(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. (2) Except as provided in RCW 59.18.410, the tenant's right to possession of the premises may not be conditioned on a tenant's payment or satisfaction of any monetary amount other than rent. However, this does not foreclose a landlord from pursuing other lawful remedies to collect late payments, legal costs, or other fees. (3) When, at the commencement of the tenancy, the landlord has provided an installment payment plan for nonrefundable fees or deposits for the security of the tenant's obligations and the tenant defaults in payment, the landlord may treat the default in payment as rent owing.
No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. 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. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as nonrefundable fees. If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW 59.18.260, 59.18.270, and 59.18.280.
(1) It is unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorneys' fees. (2) It is unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order. (3) Where the court has entered a judgment in favor of the landlord restoring possession of the property, the court shall not award attorneys' fees if the judgment for possession is entered after the tenant failed to respond to a pleading or if the total rent awarded is equal to or less than two months of the tenant's monthly contract rent or $1,200, whichever is greater.
It shall be unlawful for a landlord to intentionally cause termination of any of his or her tenant's utility services, including water, heat, electricity, or gas, except for an interruption of utility services for a reasonable time in order to make necessary repairs. Any landlord who violates this section may be liable to such tenant for his or her actual damages sustained, 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.
(1) If the tenant defaults in the payment of rent and reasonably indicates by words or actions the intention not to resume tenancy, the tenant shall be liable for abandonment: the landlord shall make a reasonable effort to mitigate the damages. (a) When the tenancy is month-to-month, the tenant shall be liable for the rent for the thirty days following the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs. (b) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of: (i) the entire rent due for the remainder of the term; or (ii) all rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting. (2) The landlord may enter and take possession of tenant's property found on the premises, store it in a reasonably secure place, and make reasonable efforts to notify the tenant. After forty-five days from the date the sale/disposal notice is mailed or delivered, the landlord may sell or dispose of such property.
A landlord shall, upon the execution of a writ of restitution by the sheriff, enter and take possession of any property of the tenant found on the premises. The landlord may store the property in any reasonably secure place, including the premises, and sell or dispose of the property as provided under this section. The landlord must store the property if the tenant serves a written request to do so on the landlord no later than three days after service of the writ. Property stored under this section shall be returned to the tenant after the tenant has paid the actual or reasonable drayage and storage costs, whichever is less. Prior to the sale of property with a cumulative value over $250, the landlord shall notify the tenant of the pending sale. After 30 days from the date of the sale notice, the landlord may sell the property.
The landlord and tenant may agree in writing to submit any dispute arising under the provisions of this chapter or under the terms, conditions, or performance of the rental agreement, to mediation by an independent third party. The parties may agree to submit any dispute to mediation before exercising their right to arbitration under RCW 59.18.320.
The landlord and tenant may agree, in writing, to submit to arbitration any controversy arising under this chapter, except controversies regarding the existence of defects covered in RCW 59.18.070(1) and (2) before the implementation of any remedy by the tenant, and situations where court action has been started by either landlord or tenant. Arbitration shall be administered by any arbitrator agreed upon by the parties and shall comply with chapter 7.04A RCW. The party initiating arbitration shall give reasonable notice to the other party.
If a tenant notifies the landlord that he or she or another tenant who shares that dwelling unit has been threatened by another tenant, and: (1) the threat was made with a firearm or other deadly weapon; and (2) the tenant who made the threat is arrested; and (3) the landlord fails to file an unlawful detainer action against the threatening tenant within seven calendar days after receiving notice of the arrest from a law enforcement agency; then the threatened tenant may terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement. The terminating tenant is discharged from payment of rent for any period following the quitting date, and is entitled to a pro rata refund of prepaid rent and a full accounting of any deposit.
If a tenant is threatened by the landlord with a firearm or other deadly weapon as defined in RCW 9A.04.110, and the threat leads to an arrest of the landlord, then the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement. The tenant is discharged from payment of rent for any period following the quitting date, and is 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 59.18.280.
A landlord and tenant may agree, in writing, to exempt themselves from the provisions of RCW 59.18.060, 59.18.100, 59.18.110, 59.18.120, 59.18.130, and 59.18.190 if: (1) the agreement does not appear in a standard form lease; (2) there is no substantial inequality in the bargaining position of the two parties; (3) the exemption does not violate the public policy of this state in favor of ensuring safe and sanitary housing; and (4) either the local county prosecutor's office or the consumer protection division of the attorney general's office or the attorney for the tenant has approved the application for exemption in writing.
The summons must contain the names of the parties to the proceeding, the attorney or attorneys if any, the court in which the same is brought, the nature of the action, in concise terms, and the relief sought, and also the return day. The summons must contain a street address for service of the notice of appearance or answer. The summons for unlawful detainer actions covered by this chapter shall be substantially in the statutory form, which includes the header: "THIS IS AN IMPORTANT LEGAL DOCUMENT TO EVICT YOU." and prominently states the tenant's right to legal representation and the Eviction Defense Screening Line number (855-657-8387).
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 59.18.410 or other law; or (c) other good cause exists for limiting dissemination. When an order for limited dissemination has been entered, a tenant screening service provider must not disclose the existence of that unlawful detainer action in a tenant screening report, or use the unlawful detainer action as a factor in determining any score or recommendation.
In each county the superior court may appoint one or more attorneys to act as housing court commissioners to assist the superior court in disposing of unlawful detainer actions for residential tenancies, with the prior consent of the county legislative authority. Housing court commissioners shall receive training from the administrative office of the courts on the residential landlord-tenant act, the manufactured/mobile home landlord-tenant act, show cause hearing processes, and unlawful detainer procedures. Appointments may be full-time or part-time. Housing court commissioners must comply with the fairness and impartiality standards established in RCW 3.34.110.
The plaintiff, at the time of commencing an action of forcible entry or detainer or unlawful detainer, or at any time afterwards, upon filing the complaint, may apply to the superior court in which the action is pending for an order directing the defendant to appear and show cause, if any he or she has, why a writ of restitution should not issue restoring to the plaintiff possession of the property in the complaint described, and the judge shall by order fix a time and place for a hearing of the motion, which shall not be less than seven nor more than thirty days from the date of service of the order upon defendant.
(1) If the verdict or finding is in favor of the landlord, judgment shall be entered for the restitution of the premises. Late fees in any judgment are capped at $75 total. (2) When the tenant is liable for unlawful detainer after a default in the payment of rent, execution upon the judgment shall not occur until the expiration of five court days after the entry of the judgment. Before entry of a judgment or until five court days after entry, the tenant or any subtenant or interested party may pay into court or to the landlord the amount of the rent due, any court costs, late fees (capped at $75 total), and attorneys' fees if awarded — in which event any judgment entered shall be satisfied and the tenant restored to his or her tenancy. The landlord shall accept any pledge of emergency rental assistance funds provided by a governmental or nonprofit entity. (3)(a) Following entry of a judgment for restitution due to nonpayment of rent, the court may stay the writ of restitution upon good cause for up to 90 days, requiring the tenant to pay one month's rent within five court days of the order.
(1) Hearings may be conducted in person or remotely in order to enhance access for all parties. At the court's discretion, parties, witnesses, and others may attend a hearing in person or remotely, including by telephone, video, or other electronic means where possible. The court shall grant any request for a remote appearance unless the court finds good cause to require in-person attendance. Courts may not charge fees for remote appearances. (2) Any party must be permitted to make an emergency application by phone or videoconference and file such documents by email, fax, or other means that can be performed remotely.
RCW 59.18.010 through 59.18.360 and 59.18.900 shall not apply to any lease entered into prior to July 16, 1973. All provisions of this chapter shall apply to any lease or periodic tenancy entered into on or subsequent to July 16, 1973.
Any city, town, county, or municipal corporation required to develop a comprehensive plan under RCW 36.70A.040(1) is authorized to require property owners to provide their portion of reasonable relocation assistance to low-income tenants upon the demolition, substantial rehabilitation, or change of use of residential property. "Low-income tenants" means tenants whose combined total income per dwelling unit is at or below fifty percent of the median income, adjusted for family size, in the county where the tenants reside. Relocation assistance provided to low-income tenants under this section shall not exceed two thousand dollars for each dwelling unit displaced. The property owner's portion shall not exceed one-half of the required relocation assistance in cash or services.
The legislature finds and declares that the ability to feel safe and secure in one's own home and in one's own community is of primary importance. The legislature recognizes that certain gang-related activity can affect the safety of a considerable number of people in the rental premises and dwelling units. The remedy provided in RCW 59.18.510 is intended to be used solely to protect the health and safety of the community, not as a means for private citizens to bring malicious or unfounded actions.
Any person whose life, safety, health, or use of property is being injured or endangered by a tenant's gang-related activity, who has legal standing and resides, works in, or owns property in the same multifamily building, apartment complex, or within a one-block radius may serve the landlord with a ten-day notice and demand that the landlord commence an unlawful detainer action against the tenant. Within ten days of receiving the notice, the landlord has a duty to take reasonable steps to investigate the tenant's alleged noncompliance. The person who served the notice and demand may petition the court to have the tenancy terminated if the landlord fails to conduct a reasonable investigation, or if after investigation the tenant continues to engage in prohibited activity. The court shall not issue the order terminating the tenancy unless the allegations of gang-related activity are corroborated by a source other than the person who petitioned the court.
"Drug and alcohol free housing" requires a rental agreement and means a dwelling in which: (a) each dwelling unit is occupied by at least one tenant who is a recovering alcoholic or drug addict participating in a program of recovery; (b) the landlord is a nonprofit corporation or housing authority; (c) the landlord provides a drug and alcohol free environment, a compliance monitor, individual and group support for recovery, and access to a specified program of recovery; and (d) the rental agreement includes provisions requiring tenant sobriety and participation in a recovery program. If a tenant living for less than two years in drug and alcohol free housing uses substances in violation of the agreement, the landlord may deliver a three-day notice terminating the tenancy with one day to comply.
The definitions in this section apply throughout RCW 59.18.575 through 59.18.585: (2) "Domestic violence" has the same meaning as set forth in RCW 7.105.010. (5) "Qualified third party" means law enforcement officers, persons subject to chapter 18.120 RCW, employees of a court of the state, licensed mental health professionals or other licensed counselors, employees of crime victim/witness programs who are trained advocates, and members of the clergy. (6) "Sexual assault" has the same meaning as set forth in RCW 70.125.030. (7) "Stalking" has the same meaning as set forth in RCW 9A.46.110. (9) "Unlawful harassment" has the same meaning as in RCW 7.105.010 and also includes any request for sexual favors to a tenant or household member in return for a change in or performance of any or all terms of a lease or rental agreement.
(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 the tenant or household member has a protection order or a written record of a report signed by a qualified third party, then the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement. The request to terminate must occur within ninety days of the reported act. A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the last day of the month of the quitting date. Notwithstanding lease provisions that allow forfeiture of a deposit for early termination, a tenant who terminates under this section is entitled to the return of the full deposit. (3) If the tenant or household member is a victim of sexual assault, stalking, or unlawful harassment by a landlord, the tenant may change or add locks to the dwelling unit at the tenant's expense.
(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 59.18.575. (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, or based on the tenant or applicant having terminated a rental agreement under RCW 59.18.575. (4) It is a defense to an unlawful detainer action that the action is in violation of subsection (2) of this section.
A tenant who has obtained a court order from a court of competent jurisdiction granting him or her possession of a dwelling unit to the exclusion of one or more cotenants may request that a lock be replaced or configured for a new key at the tenant's expense. The landlord shall, if provided a copy of the order, comply with the request and shall not provide copies of the new keys to the tenant restrained or excluded by the court's order. 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.
(1)(a) At a landlord's request, the tenant may designate a person to act for the tenant on the tenant's death when the tenant is the sole occupant of the dwelling unit. Any designation must be in writing, be separate from the rental agreement, and include the designated person's name, mailing address, electronic communications address, and telephone number; a signed statement authorizing the landlord to allow the designated person to access the dwelling unit, remove the tenant's property, receive refunds due to the tenant, and dispose of the tenant's property consistent with the tenant's last will and testament; and a conspicuous statement that the designation remains in effect until revoked in writing. (3) The tenant may change the designated person or revoke any previous designation in writing at any time prior to his or her death.
(1) In the event of the death of a tenant who is the sole occupant of the dwelling unit: (a) The landlord, upon learning of the death, shall promptly mail or personally deliver written notice to any known personal representative, known designated person, emergency contact, or known successor of the tenant. The notice must state the tenancy will terminate 15 days from the date notice is mailed or the date through which rent is paid, whichever comes later, unless during that time period a tenant representative makes arrangements to pay rent in advance for no more than 60 days to allow orderly removal of property. (2) A landlord shall send a second written notice before selling or disposing of a deceased tenant's property. If no tenant representative contacts the landlord within 45 days after the second notice, the landlord may sell or dispose of property with a fair market value over $1,000 in a commercially reasonable manner. (7) A landlord who complies with this section is relieved from any liability relating to the deceased tenant's property.
(1)(a) Except as provided in (b) of this subsection, upon receipt of a tenant's written request, a landlord must permit the tenant to pay any deposits, nonrefundable fees, and last month's rent in installments. (b) A landlord is not required to permit installment payments if the total amount of deposits and nonrefundable fees does not exceed twenty-five percent of the first full month's rent and payment of last month's rent is not required at the inception of the tenancy. (2) In all cases where premises are rented for a specified time of three months or longer, the tenant may elect to pay in three consecutive and equal monthly installments, beginning at the inception of the tenancy. In all other cases, the tenant may elect to pay in two consecutive and equal monthly installments. (3) A landlord may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments. (5) Any landlord who refuses to permit a tenant to pay in installments is subject to a statutory penalty of one month's rent and reasonable attorneys' fees payable to the tenant.
Subject to the availability of amounts appropriated for this specific purpose, the court must appoint an attorney for an indigent tenant in an unlawful detainer proceeding under this chapter and chapters 59.12 and 59.20 RCW. The office of civil legal aid is responsible for implementation. In implementing this section, the office of civil legal aid shall assign priority to providing legal representation to indigent tenants in those counties in which the most evictions occur and to indigent tenants who are disproportionately at risk of eviction. For purposes of this section, "indigent" means any person receiving public assistance or receiving an annual income, after taxes, of 200 percent or less of the current federally established poverty level.
(1)(a) A landlord may not evict a tenant, refuse to continue a tenancy, or end a periodic tenancy except for the causes enumerated in subsection (2) of this section and as otherwise provided in this subsection. (1)(b) If a landlord and tenant enter into a rental agreement providing for tenancy to continue indefinitely on a month-to-month or periodic basis after the agreement expires, the landlord may not end the tenancy except for cause; however, a landlord may end such a tenancy at the end of the initial period only if the initial lease was between 6 and 12 months and the landlord provides at least 60 days' advance written notice before the end of the initial period. (2) Causes for eviction include: (a) Nonpayment of rent after 14-day notice; (b) Substantial breach of a material term or obligation after 10-day written notice to cure; (c) Waste, nuisance, or unlawful activity after 3-day notice to quit; (d) Owner or immediate family member move-in with 90 days' notice; (e) Landlord elects to sell a single-family residence with 90 days' notice; (f) Demolition, substantial rehabilitation, or change of use with 120 days' notice; (g) Conversion to condominiums with 120 days' notice; and additional causes including tenant refusal to agree to a new rental agreement.
A landlord may offer a tenant the option to pay a monthly fee in lieu of a security deposit, under a written agreement. The landlord must offer the security deposit option as an alternative to any fee in lieu option. The landlord must provide the tenant with a written disclosure of the differences between a security deposit and a fee in lieu, using a model form developed by the department of commerce. A landlord may not require a fee in lieu of a security deposit without offering the tenant the option of a security deposit instead. Any fees collected in lieu of a security deposit are nonrefundable and may not be reported as a debt or included in a tenant screening report.
A landlord may not increase rent by more than the lesser of seven percent plus the consumer price index, or ten percent, above the existing rent, in any twelve-month period for a tenancy in effect for twelve months or more. A landlord must provide written notice of any rent increase at least ninety days before the increase takes effect. A landlord who violates this section may be liable to the tenant for the amount of any rent charged in excess of the limit, plus up to three months of the tenant's monthly rent, and court costs and reasonable attorneys' fees. A tenant may assert a violation of this section as an affirmative defense in an unlawful detainer action.
The provisions of RCW 59.18.700 do not apply to: (1) A dwelling unit that received a certificate of occupancy within the previous ten years; (2) A single-family residence that is not part of a larger rental complex; (3) A subsidized housing unit where the rent is based on income; (4) Dwelling units that are the subject of a government-assisted affordable housing program with recorded use restrictions; or (5) A rental agreement for a tenancy in effect for fewer than twelve months.
A landlord shall provide written notice of an increase in the amount of rent to each affected tenant at least ninety days before the effective date of the increase. The notice must be in writing and must include: (1) The amount of the increase; (2) The amount of the new rent; (3) The effective date of the increase; and (4) A statement that the tenant has the right to dispute the increase if it exceeds the cap established in RCW 59.18.700, and information about how to contest the increase.
The department of commerce shall develop and maintain an online landlord resource center that provides information about the rights and responsibilities of landlords and tenants under this chapter, including information about the rent increase limitations in RCW 59.18.700, how to calculate allowable rent increases, the notice requirements for rent increases, and information about how tenants may contest rent increases that exceed the applicable limitations.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances shall not be affected.
The provisions of this chapter shall be construed to apply to state registered domestic partnerships as defined in RCW 26.60.020 in the same manner as they apply to married spouses.
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