Washington law also provides additional protections for the following groups: Discriminatory Acts & Penalties. A landlord may perform these actions to disrupt the tenant's quiet, peaceful enjoyment of the rental unit, force the tenant to move from the unit or force the tenant to refrain from pursuing a legal right they have.. Crimes included in harassment. (b) Where the tenant has opted into paying a fee in lieu of a security deposit in subsection (1) of this section, the landlord shall not undertake collection activities against the tenant unless 60 days have passed after the landlord has submitted a claim to the insurer. (5) The prevailing party shall recover reasonable attorneys' fees and costs. (3) When late fees may be assessed after rent becomes due, the tenant may propose that the date rent is due in the rental agreement be altered to a different due date of the month. . Briefly describe the incident of domestic violence, sexual assault, unlawful harassment, or stalking:. (2) A landlord who replaces a lock or configures for a new key of a residential housing unit in accordance with subsection (1) of this section shall be held harmless from liability for any damages that result directly from the lock change. WPF UH-02.0110. I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. IMPORTANT: IF YOU CHOOSE TO PAY A RECURRING MONTHLY FEE INSTEAD OF A SECURITY DEPOSIT: (1) YOU ARE NOT AN INSURED PARTY UNDER THE INSURANCE POLICY PURCHASED BY THE LANDLORD USING YOUR FEES; (2) YOU ARE NOT A BENEFICIARY TO ANY INSURANCE COVERAGE OR ANY INSURANCE BENEFITS UNDER THE INSURANCE POLICY THAT THE LANDLORD PURCHASES USING YOUR FEES; AND. Any such agreement does not alter the landlord's obligations under this chapter. No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his or her family, invitee, or other person acting under his or her control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. The landlord shall accept any written pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of both the amount of rent due, including any current rent, and other amounts if required under this subsection. The notice shall either be mailed to the tenant's last known address or personally delivered to the tenant. Applies to multi-family housing, not single housing. (26) "Qualified inspector" means a United States department of housing and urban development certified inspector; a Washington state licensed home inspector; an American society of home inspectors certified inspector; a private inspector certified by the national association of housing and redevelopment officials, the American association of code enforcement, or other comparable professional association as approved by the local municipality; a municipal code enforcement officer; a Washington licensed structural engineer; or a Washington licensed architect. Upon granting such a stay, the court must award court costs and fees as allowed under this chapter; (n)(i) The tenant continues in possession after having received at least 60 days' written notice to vacate prior to the end of the period or rental agreement and the tenant has committed four or more of the following violations, other than ones for monetary damages, within the preceding 12-month period, the tenant has remedied or cured the violation, and the landlord has provided the tenant a written warning notice at the time of each violation: A substantial breach of a material program requirement of subsidized housing, a substantial breach of a material term subscribed to by the tenant within the lease or rental agreement, or a substantial breach of a tenant obligation imposed by law; (B) Provide the tenant an opportunity to cure the violation; (C) State that the landlord may choose to end the tenancy at the end of the rental term if there are four violations within a 12-month period preceding the end of the term; and. . ., . . 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. We will request missing documentation but cannot make exceptions for documents that are not available. In addition, the affidavit must contain a statement that consent to inspect has been sought from the owner and the tenant but could not be obtained because the owner or the tenant either refused or failed to respond within five days, or a statement setting forth facts or circumstances reasonably justifying the failure to seek such consent. (1) 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 to a prospective tenant or current tenant, unless the: (i) Prospective tenant's or current tenant's source of income is conditioned on the real property passing inspection; (ii) written estimate of the cost of improvements necessary to pass inspection is more than one thousand five hundred dollars; and (iii) landlord has not received moneys from the landlord mitigation program account to make the improvements; (b) Expel a prospective tenant or current tenant from any real property; (c) Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of real property; (d) Attempt to discourage the rental or lease of any real property to a prospective tenant or current tenant; (e) Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this section; (f) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this section; (g) Represent to a person that a dwelling unit is not available for inspection or rental when the dwelling unit in fact is available for inspection or rental; or. This ordinance also limits the amounts and values of certain fees charged by landlords. 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. The city of Tacoma maintains a Tenant Rights Ordinance. (7) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant. Zwlf bersetzte Abmahnungsformulare, finden Sie unten. . The proposed rent due date may not be more than five days after the date the rent is due in the rental agreement. If the landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may access the landlord's own tenant screening report regarding a prospective tenant as long as the prospective tenant is not charged for the landlord's own tenant screening report. (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. (5) In any action brought for a violation of this section, a landlord may be liable for the amount of the fee or deposit charged. (B) If the insurance provider requires the landlord to first attempt reimbursement from the tenant before filing a claim, that payment of the fee in lieu of a security deposit does not preclude the insurer or the landlord from proceeding against the tenant to recover any unpaid amounts due to the landlord pursuant to the lease and unpaid costs to repair damage to the property for which the tenant is responsible pursuant to the lease but never to include any sums for wear resulting from ordinary use of the premises, together with reasonable attorneys' fees. In the case of Washington, the landlord must provide at least 24 hours of notice before entering the property, as long as the reason for entry is justified. The jury, or the court, if the proceedings are tried without a jury, shall also assess the damages arising out of the tenancy occasioned to the landlord by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved at trial, and, if the alleged unlawful detainer is based on default in the payment of rent, find the amount of any rent due, and the judgment shall be rendered against the tenant liable for the forcible entry, forcible detainer, or unlawful detainer for the amount of damages thus assessed, for the rent, if any, found due, and late fees if such fees are due under the lease and do not exceed seventy-five dollars in total. [. In the event payment is made as provided in (c)(ii) of this subsection for one month's rent, the court shall stay the writ of restitution ex parte without prior notice to the landlord upon the tenant filing and presenting a motion to stay with a declaration of proof of payment demonstrating full compliance with the required payment of one month's rent. / Click here for a printable document. Verbally or Physically Threatening a Tenant. This notice must be sent in every instance of rental increases. (ii) The tenant exercises his or her rights to terminate the rental agreement under subsection (3) of this section within sixty days of providing notice that the tenant has changed or added locks. 2019 , , (Jay Inslee) , , 14 , , , , , , . (24) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. Im Jahr 2019 verabschiedete der Washington State Gesetzgeber und Gouverneur Inslee unterzeichnete ein Gesetz, das von den Vermietern verlangt, dass sie mindestens 14 Tage vor Beginn eines Rumungsverfahrens eine Abmahnung aussprechen, und schuf ein neues Abmahnungsformular, das die Vermieter an die Mieter senden mssen, wenn sie die Miete, die Versorgungsleistungen oder eine andere regelmig wiederkehrende Gebhr, die im Mietvertrag vereinbart ist, nicht zahlen. Klicken Sie hier fr ein druckfertiges Dokument / Click here for a printable document, 2019 , 14 , , () 14- 14- 12 , , , - / Click here for a printable document. SB 5160 is the new legislation passed by the State Legislature earlier this year that provides the Legislatures new rules for evictions and housing related practices after COVID-19. YOUR LANDLORD'S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF THIS WRIT OF RESTITUTION WILL NOT AUTOMATICALLY POSTPONE OR STOP YOUR EVICTION. Let Us Handle . . We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. (36) "Tenant screening" means using a consumer report or other information about a prospective tenant in deciding whether to make or accept an offer for residential rental property to or from a prospective tenant. Many tenants are unaware of their rights under federal fair credit reporting laws to dispute information that may be inaccurate. (1) If, at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW, (2) If the landlord fails to commence remedial action of the defective condition within the applicable time period after receipt of notice and the estimate from the tenant, the tenant may contract with a licensed or registered person, or with a responsible person capable of performing the repair if no license or registration is required, to make the repair. Violations may be prosecuted under chapter. (3) "Landlord" has the same meaning as defined in RCW, (4) "Prospective landlord" has the same meaning as defined in RCW. Any landlord who takes or detains the personal property of a tenant without the specific written consent of the tenant to such incident of taking or detention, and who, after written demand by the tenant for the return of his or her personal property, refuses to return the same promptly shall be liable to the tenant for the value of the property retained, actual damages, and if the refusal is intentional, may also be liable for damages of up to $500 per day but not to exceed $5,000, for each day or part of a day that the tenant is deprived of his or her property. (8) Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises. 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 (4)(a) A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection under this section. Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court. To get started, contact Will & Will at 206-858-1380, or contact us online. . (2) The party initiating arbitration under subsection (1) of this section shall give reasonable notice to the other party or parties. The incident(s) that I rely on in support of this declaration occurred on the following date(s) and time(s) and at the following location(s): . (d) Any tenant representative who removes property from the tenant's dwelling unit or the premises must, at the time of removal, provide to the landlord an inventory of the removed property and signed acknowledgment that he or she has only been given possession and not ownership of the property. The prospective landlord's actual costs include costs incurred for long distance phone calls and for time spent calling landlords, employers, and financial institutions. (c) After a landlord receives notice that a tenant has changed or added locks to his or her dwelling unit under (a) of this subsection, the landlord may not enter the tenant's dwelling unit except as follows: (i) In the case of an emergency, the landlord may enter the unit if accompanied by a law enforcement or fire official acting in his or her official capacity. Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. Regardless of not having any limitations, most landlords tend to charge an amount equal to one month of rent. No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. Landlord's remedies if tenant fails to remedy defective condition. Adverse action on your application was based on the following: .. Information contained in a consumer report (The prospective landlord must include the name, address, and phone number of the consumer reporting agency that furnished the consumer report that contributed to the adverse action. In making this decision, the court shall consider evidence of the following factors: (i) The tenant's willful or intentional default or intentional failure to pay rent; (ii) Whether nonpayment of the rent was caused by exigent circumstances that were beyond the tenant's control and that are not likely to recur; (iii) The tenant's ability to timely pay the judgment; (v) Whether the tenant is otherwise in substantial compliance with the rental agreement; (vi) Hardship on the tenant if evicted; and. Landlord Tenant, Divorce, Domestic Violence and Estate Planning. . . (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. . Arraignment No-contact order. The rate of interest shall be the maximum legal rate of interest permitted under RCW. (Clerk's Office/Address/Room number/Business hours of court clerk), . The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within one day after delivery of the notice. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date and time. . 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. . Briefly describe the incident of domestic violence, sexual assault, unlawful harassment, or stalking:. (c) The local government or its designee, after receiving the request from the tenant to conduct an inspection under this section, shall conduct the inspection and make any certification within a reasonable amount of time not more than five days from the date of receipt of the request. (9) A penalty for noncompliance under this section may be assessed by a local municipality. (vi) The landlord has the right to terminate the tenant's tenancy by delivering a three-day notice to terminate with one day to comply, if a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription. Harassment laws in Washington state are very clear about what harassment is and is not. You will also find information there on how to find a lawyer or advocate at low or no cost and any available resources to help you pay your rent. The Attorney Generals Office translated this Eviction Resolution Program notice into 17languages commonly-spoken in Washington. The *department of community, trade, and economic development shall adopt rules defining county median income in accordance with the definitions promulgated by the federal department of housing and urban development. A trial shall be held within sixty days of the date of filing of the landlord's or tenant's complaint. Any summons or process served out-of-state must contain the same information and be served in the same manner as personal service of summons or process served within the state, except the summons or process must require the party to appear and answer within sixty days after such personal service out of the state. GET HELP: If you do not respond by the deadline above, you will lose your right to defend yourself or be represented by a lawyer if you cannot afford one in court and could be evicted. (2) 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, or until it is sold or disposed of by the landlord in accordance with subsection (3) of this section. If it appears to the court that the plaintiff should not be restored to possession of the property, the court shall deny plaintiff's motion for a writ of restitution and enter an order directing the parties to proceed to trial within thirty days on the complaint and answer. (i) The name of the deceased tenant and address of the dwelling unit; (ii) The approximate date of the deceased tenant's death; (iii) The rental amount and date through which rent is paid; (iv) A statement that the tenancy will terminate fifteen days from the date the notice is mailed or personally delivered or the date through which rent is paid, whichever comes later, unless during that time period a tenant representative makes arrangements with the landlord to pay rent in advance for no more than sixty days from the date of the tenant's death to allow a tenant representative to arrange for orderly removal of the tenant's property. (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. . The arbitrator shall have the power to administer oaths, to issue subpoenas, to require the attendance of witnesses and the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator material to a just determination of the issues in dispute. The notice of default must be in substantially the following form: NOTICE OF DEFAULT FOR RENT AND/OR PAYMENT PLAN ORDERED BY COURT. The definitions in this section apply to RCW, (1) "Dwelling unit" has the same meaning as defined in RCW. (b) If the total amount of rent awarded in the judgment for rent is equal to or less than two months of the tenant's monthly contract rent or one thousand two hundred dollars, whichever is greater. . Illegal Entry into the Rental Property. (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. 2019 , , (Jay Inslee) , 14 , , , , , . The court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer, and if it shall appear that the plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a writ of restitution, returnable ten days after its date, restoring to the plaintiff possession of the property and if it shall appear to the court that there is no substantial issue of material fact of the right of the plaintiff to be granted other relief as prayed for in the complaint and provided for in this chapter, the court may enter an order and judgment granting so much of such relief as may be sustained by the proof, and the court may grant such other relief as may be prayed for in the plaintiff's complaint and provided for in this chapter, then the court shall enter an order denying any relief sought by the plaintiff for which the court has determined that the plaintiff has no right as a matter of law: PROVIDED, That within three days after the service of the writ of restitution issued prior to final judgment, the defendant, or person in possession of the property, may, in any action for the recovery of possession of the property for failure to pay rent, stay the execution of the writ pending final judgment by paying into court or to the plaintiff, as the court directs, all rent found to be due, and in addition by paying, on a monthly basis pending final judgment, an amount equal to the monthly rent called for by the lease or rental agreement at the time the complaint was filed: PROVIDED FURTHER, That before any writ shall issue prior to final judgment the plaintiff shall execute to the defendant and file in the court a bond in such sum as the court may order, with sufficient surety to be approved by the clerk, conditioned that the plaintiff will prosecute his or her action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he or she may sustain by reason of the writ of restitution having been issued, should the same be wrongfully sued out. 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