IF YOU CHOOSE TO PAY A MONTHLY DEPOSIT WAIVER FEE INSTEAD OF A SECURITY DEPOSIT, HERE IS THE AMOUNT YOU WILL PAY OVER THE LEASE TERM COMPARED TO THE ONE-TIME DEPOSIT PAYMENT: Monthly Nonrefundable Deposit Waiver Fee: Total cost of monthly fees over lease term: In the event your tenancy terminates and you have not paid rent or other amounts due pursuant to the lease, and you have not paid to repair damages beyond wear resulting from ordinary use of the premises, insurance coverage will pay your landlord up to: $_________ for any unpaid rent and fees, and. . However, if the tenant has disputed the claim, the party seeking reimbursement shall defer any collection activities for an additional 60 days to resolve the dispute. (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 the following for such abandonment: PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment: (a) When the tenancy is month-to-month, the tenant shall be liable for the rent for the thirty days following either the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs. Keep the apartment clean and sanitary. The tenant shall be notified immediately of any changes in writing, which must be either (a) delivered personally to the tenant or (b) mailed to the tenant and conspicuously posted on the premises. (2) The landlord may not charge a late fee for rent that is paid within five days following its due date. This ordinance also limits the amounts and values of certain fees charged by landlords. If the tenant seeks relief pursuant to this subsection (3) at the time of the show cause hearing, the court shall hear the matter at the time of the show cause hearing or as expeditiously as possible so as to avoid unnecessary delay or hardship on the parties. (ii) File an action with the court and apply to the court for release of the rent on the grounds that the tenant did not comply with the notice requirement of subsection (2) or (3) of this section. (2) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of chapter. The prevailing party may also recover court costs and reasonable attorneys' fees. Any aggressive method used by a landlord to pressure, intimidate, or coerce you to break your lease or move out of the premises can be considered landlord harassment. (b) If the insurer or any other collector seeks reimbursement from the tenant pursuant to any subrogation rights available to the insurer, with any request for reimbursement, the party must provide the tenant by first-class mail, and email if available, at the last known address as provided by the landlord: (i) All documentation or other evidence submitted by the landlord for reimbursement by the insurer; (ii) All documentation or evidence of repair costs that the landlord submitted to the insurer; (iii) A copy of the settled claim that documents payments made by the insurer to the landlord; and. According to the Washington landlord-tenant act, there are no current rent control policies in any state, which means that the Washington landlord may charge any amount of rent they consider appropriate for their needs. day of . If the tenant elects to terminate the tenancy as a result of the conditions leading to the posting, or if the appropriate governmental agency requires that the tenant vacate the premises, the tenant also shall recover: (a) The entire amount of any deposit prepaid by the tenant; and. (9) Nothing in this section is intended to (a) abrogate or modify in any way any common law right or privilege or (b) affect the common law as it relates to a local municipality's right of entry under emergency or exigent circumstances. To get started, contact Will & Will at 206-858-1380, or contact us online. Any counterclaim can only claim diminished rental value related to conditions specified by the tenant in the notice required under subsection (3) of this section. Your recurring monthly charge will be $____ IN ADDITION to your monthly rent payment, instead of a security deposit and/or last month's rent in the amount of $____. (2) By this act, the legislature intends to increase safety for victims of domestic violence, sexual assault, and stalking by removing barriers to safety and offering protection against discrimination." Oops! Sexual Harassment. However, if there's an emergency happening, the landlord can enter without permission. If the prospective tenant does not occupy the dwelling unit, then the landlord may keep up to the full amount of any fee or deposit that was paid by the prospective tenant to secure the tenancy, so long as it is in accordance with the written statement of conditions furnished to the prospective tenant at the time the fee or deposit was charged. The consumer credit report did not contain sufficient information, .. Information received from previous rental history or reference, .. Information received in a criminal record, .. Information received in a civil record, .. Information received from an employment verification, Dated this .. day of .., .(year). State law makes it clear that everyone has a right to freedom from harm, whether that harm is threatened or actual. . days have elapsed and the repairs have not been made. The local government or its designee shall whenever practicable, taking into consideration the imminence of any threat to the tenant's health or safety, give the landlord at least twenty-four hours notice of the date and time of inspection and provide the landlord with an opportunity to be present at the time of the inspection. Finally, landlord-tenant laws allow landlords to charge any kind of late fees they want, and there are no limitations as to the amount of those fees. However, bounced check fees are limited to $40 or the current value of the check. The Landlord-Tenant Act defines domestic violence as a pattern of abusive behavior (physical, sexual, verbal, emotional, or psychological) used by someone to control an intimate partner. If the payment plan is to exceed thirty days, the total cumulative payments for each thirty-day period following the order shall be no less than one month of the tenant's share of the rent, and the total amount of the judgment and all additional rent that is due shall be paid within ninety days. . It is also the purpose of this act to provide enforcement mechanisms to cities, towns, counties, or municipal corporations including the ability to advance relocation funds to tenants who are displaced as a result of a landlord's failure to remedy building code or health code violations and later to collect the full amounts of these relocation funds, along with interest and penalties, from landlords." If the tenant seeks to restore his or her tenancy after entry of a judgment, the tenant may tender the amount stated within the judgment as long as that amount does not exceed the amount authorized under subsection (1) of this section. The Attorney General's Office has the legal authority to accept and attempt to resolve disputes concerning issues that arise from mobile/manufactured tenancy where an individual owns the home and rents a lot for the home in a mobile/manufactured home park. For the purposes of this subsection (2)(e), an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price by listing it on the real estate multiple listing service. (4) A landlord or prospective landlord in violation of this section is liable in a civil action for up to two and one-half times the monthly rent of the real property at issue, as well as court costs and reasonable attorneys' fees. (v) Nothing in this subsection (3)(e) prohibits the landlord from otherwise applying for reimbursement for an unpaid judgment pursuant to *RCW, (vi) For the period extending one year beyond the expiration of the eviction moratorium, if a tenant demonstrates an ability to pay in order to reinstate the tenancy by means of disbursement through the landlord mitigation program account established within *RCW, (A) Any restrictions imposed under (d) of this subsection do not apply in determining if a tenant is eligible for reinstatement under this subsection (3); and, (B) Reimbursement on behalf of the tenant to the landlord under *RCW. by The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW. (b) "Fire official" means any fire official authorized to enforce the state or local fire code. The prospective landlord's actual costs include costs incurred for long distance phone calls and for time spent calling landlords, employers, and financial institutions. If the landlord reasonably concludes that the circumstances require immediate entry into the unit, the landlord may, after notifying emergency services, use such force as necessary to enter the unit if the tenant is not present; or, (ii) The landlord complies with the requirements of RCW. . We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. If you do not make all payments or you damage the premises beyond wear resulting from its ordinary use, you may be required by the landlord, an insurance company, or a debt collector to pay the unpaid amounts, including costs of repairing the damages in excess of wear resulting from ordinary use of the premises. . The State Legislature has passed legislation that provides the legal framework for landlords and tenants concerning evictions and housing related practices after the eviction moratorium. Judicial review shall be confined to the record of the administrative hearing and the court may reverse the decision only if the administrative findings, inferences, conclusions, or decision is: (a) In violation of constitutional provisions; (b) In excess of the authority or jurisdiction of the administrative hearing officer; (c) Made upon unlawful procedure or otherwise is contrary to law; or, (6) Any city, town, county, or municipal corporation may require relocation assistance, under the terms of this section, for otherwise eligible tenants whose living arrangements are exempted from the provisions of this chapter under RCW. At Will & Will, we have more than 35 years of combined experience in criminal law. Employee Resources, Serving Communities (b) If a landlord and tenant enter into a rental agreement that provides for the tenancy to continue for an indefinite period on a month-to-month or periodic basis after the agreement expires, the landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section; however, a landlord may end such a tenancy at the end of the initial period of the rental agreement without cause only if: (i) At the inception of the tenancy, the landlord and tenant entered into a rental agreement between six and 12 months; and, (ii) The landlord has provided the tenant before the end of the initial lease period at least 60 days' advance written notice ending the tenancy, served in a manner consistent with RCW. These interim landlord-tenant protections, contained in Proclamation 21-09.2, will end at 11:59 p.m. on October 31, 2021. (c) If the tenant fails to pay a request by an insurer or collector for reimbursement under this subsection, the party seeking reimbursement may not commence collection activities against the tenant less than 60 days after sending a request for reimbursement and providing documentation as required under (b) of this subsection. (i) Any person who willfully refuses to permit inspection, obstructs inspection, or aids in the obstruction of an inspection of property authorized by warrant issued pursuant to this section is subject to remedial and punitive sanctions for contempt of court under chapter. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. If the landlord reasonably concludes that the circumstances require immediate entry into the unit, the landlord may, after notifying emergency services, use such force as necessary to enter the unit if the tenant is not present; or, (ii) The landlord complies with the requirements of RCW. Any failure to comply with this notice within fourteen (14) days after service of this notice may result in a judicial proceeding that leads to your eviction from the premises. Washington Late Fees and Other Rent Rules. . The legislature finds that the inability of victims to terminate their rental agreements hinders or prevents victims from being able to safely flee domestic violence, sexual assault, or stalking. The definitions in this section apply to RCW, (1) "Dwelling unit" has the same meaning as defined in RCW. Laws in Washington state provide a specific set of rules that landlords and tenants have to comply with if they want to keep a safe and healthy leasing relationship. (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. . State law regulates several rent-related issues, including late and bounced-check fees, the amount of notice (at least 30 days in Washington) landlords must give tenants to raise the rent and how much time (three days in Washington) a tenant has to pay rent or move before a landlord can file for eviction. . (6) The provision of verification of a report under subsection (1)(b) of this section does not waive the confidential or privileged nature of the communication between a victim of domestic violence, sexual assault, or stalking with a qualified third party pursuant to RCW. Seventeen translated notice forms can be found below. The tenant is entitled to a pro rata refund of any prepaid rent and must receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW. (e) Shall not be considered by a court, arbitrator, mediator, or any other dispute resolution adjudicator to be a security deposit or governed by state or local codes governing security deposits. [, If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW, (1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he or she shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW, (2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or. Victims of violence may be forced to remain in unsafe situations because they are bound by residential lease agreements. (Defendant's Name), . The Washington State Human Rights Commission (WSHRC) is where you can file a complaint. , . . Please visit the Department of Health website (hum.wa.gov) for more . Raising rent. On written request by the landlord, the qualified third party shall, within seven days, provide the name of the alleged perpetrator to the landlord only if the alleged perpetrator was a person meeting the definition of the term "landlord" under RCW. . David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. However, if after giving the 90-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant. Any payment you make to the landlord must first be applied to the total amount due as shown on this notice. Zwlf bersetzte Abmahnungsformulare, finden Sie unten. Landlords have 72 hours to fix an issue that involves the refrigerator, oven, range, or a major plumbing issue. . . The city of Seattle maintains a Rental Agreement Regulation Ordinance, which requires landlords to provide 180 days of advance notice before they implement an increase of housing cost. (d) Increasing the obligations of the tenant. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. The legislature therefore finds and declares that it is the policy of the state for prospective tenants to be informed of their rights to dispute information they feel is inaccurate in order to help prevent denials of housing based upon incorrect information." In Washington, tenants who suffered harm as a result of their landlord's sexual harassment are entitled to recover actual damages, emotional damages and may recover their reasonable attorneys' fees spent in prosecuting their case. (5) As used in this section, "source of income" includes benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity. (i) Whether the smoke detection device is hard-wired or battery operated; (ii) Whether the building has a fire sprinkler system; (iii) Whether the building has a fire alarm system; (iv) Whether the building has a smoking policy, and what that policy is; (v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants; (vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and. (1) Notwithstanding any other provision of law, if a landlord chooses to waive a security deposit requirement, and a tenant agrees to instead pay a fee in lieu of a security deposit, the landlord shall: (a) Ensure that the fee in lieu of a security deposit is strictly optional for the tenant, and the tenant may choose to pay a full security deposit rather than a fee in lieu of a security deposit; (b) Not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a traditional security deposit as a criterion in the determination of whether to approve an application for occupancy; (c) If choosing to offer the fee in lieu of a security deposit option, offer it to every prospective tenant whose application for occupancy has been approved, without further regard to income, race, gender, disability, source of income, sexual orientation, immigration status, size of household, or credit score; (d) Allow any tenant that agrees to pay a fee in lieu of a security deposit to opt out of the continuing fee in lieu of a security deposit obligation upon full payment of the security deposit that is listed in the disclosure form pursuant to (f)(ii) of this subsection, and in the event the tenant seeks to pay a security deposit, RCW, (e) Provide a written checklist to the tenant pursuant to RCW. The Fair Housing Partners of Washington State have developed this sample policy to assist you and your staff in dealing with harassment and intimidation of protected classes, and in dealing with possible acts of retaliation against a resident or These resources can be foundhere. If a court or arbitrator determines a defective condition as described in RCW, (1) Local municipalities may require that landlords provide a certificate of inspection as a business license condition. (5) This section shall apply to this chapter and chapter, (1) Every 14-day notice served pursuant to RCW. (g) This section, when elected as a remedy by the tenant by sending the notice under subsection (3) of this section, shall be the exclusive remedy available to the tenant regarding defects described in the certification under subsection (2)(d) of this section: PROVIDED, That the tenant may simultaneously commence or pursue an action in an appropriate court, or at arbitration if so agreed, to determine past, present, or future diminution in rental value of the premises due to any defective conditions. WPF UH-02.0110. Building Infrastructure Landlord harassment or domestic violence. However, for any tenancy of an indefinite period in existence as of May 10, 2021, if the landlord and tenant enter into a rental agreement between May 10, 2021, and three months following the expiration of the governor's proclamation 20-19.6 or any extensions thereof, the landlord may exercise rights under this subsection (1)(c) as if the rental agreement was entered into at the inception of the tenancy provided that the rental agreement is otherwise in accordance with this subsection (1)(c). (6) Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs himself or herself in return for cash payment or a reasonable reduction in rent. (C) "Demolish" means the destruction of premises or the relocation of premises to another site that results in the displacement of an existing tenant. (ii) The tenant or the household member has reported the domestic violence, sexual assault, unlawful harassment, or stalking 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. For this reason, claim information is not shared with anyone other than the claimant or tenant identified in the claim. This section does not limit the tenant's right to recover moneys paid as damages or security under RCW, All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a lease or rental agreement 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 as defined by *RCW, (1) Within twenty-one days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW. All Rights Reserved. (2) A tenant may, without request from the landlord, designate a person to act for the tenant on the tenant's death when the tenant is the sole occupant of the dwelling unit by providing the landlord with the information and signing a statement as provided in subsection (1) of this section. (a) "Common areas" means a common area or those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building. Landlord responsibilities include providing a safe housing environment that complies with local laws. If a tenant notifies the landlord that he or she, or another tenant who shares that particular dwelling unit has been threatened by another tenant, and: (1) The threat was made with a firearm or other deadly weapon as defined in RCW, (2) The tenant who made the threat is arrested as a result of the threatening behavior; and. Renters need to operate the heating and ventilation systems to reduce water condensation. Under Revised Code of Washington, Section 9A.46.020, any of the following actions whether in person or over the phone or internet could be considered harassment: Adding to the above, intent is not an issue. (iii) By means of forcible entry, except that a judge may expressly authorize a forcible entry when: (A) Facts are shown that are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards that, if the violation existed, would be an immediate threat to the health or safety of the tenant; or. (4) 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 of the real property at issue, as well as court costs and reasonable attorneys' fees. . (c) Must be utilized by the landlord to purchase, from a lawful insurer, coverage for landlord's losses associated with any unpaid amounts due from the tenant to the landlord pursuant to the lease, including but not limited to rent, fees, or unit damage in excess of wear resulting from ordinary use of the premises, provided that a landlord may not charge a fee that is more than the cost of obtaining and administering such insurance; (i) In the event the landlord fails to purchase or maintain the insurance provided for in this subsection (2)(c), and if the tenant pays the monthly fee as agreed, the landlord shall credit the total insurance coverage stated in the disclosure to any indebtedness owed by the tenant upon the tenant vacating the unit. Heating and ventilation systems to reduce water condensation issue that involves the refrigerator, oven, range or. Rent that is paid within five days following its due date lease agreements or a major plumbing.... 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