landlord harassment washington state

Domestic Violence & Harassment Definitions Domestic Violence & Harassment Resources Domestic Violence Protections for Renters Protections in Federally Subsidized Housing Threats from Neighbors or the Landlord Domestic Violence & Harassment FAQ Retaliation Retaliation Protections Retaliation FAQ Resources Renters Resources COVID-19 Resources Definitions. Landlords cannot evict tenants for unpaid late fees or other charges that are not monthly rental payments ( RCW 59.18.283 ). A tenant who has a valid protection, antiharassment, or other protective order against the owner of the premises or against an employee or agent of the landlord or owner is not required to provide a key to the new locks until the protective order expires or the tenant vacates; or. A written record of a report signed by a qualified third party must be substantially in the form specified under subsection (1)(b) of this section. (2) If a tenant has remaining unpaid rent that accrued between March 1, 2020, and six months following the expiration of the eviction moratorium or the end of the public health emergency, whichever is greater, the landlord must offer the tenant a reasonable schedule for repayment of the unpaid rent that does not exceed monthly payments equal to one-third of the monthly rental charges during the period of accrued debt. The prevailing party in any court action or arbitration brought under this section may also be awarded its costs and reasonable attorneys' fees. (b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as required under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement or under this chapter. The landlord may present additional facts and circumstances regarding the allegations within the notice if such evidence was unknown or unavailable at the time of the issuance of the notice. If the habitability issue is an emergency and includes heat, water or electricity landlords have 24 hours to fix the issue. (iii) The landlord may apply any income derived from the sale of the property pursuant to this section against any costs of sale and moneys due the landlord, including actual or reasonable costs, whichever is less, of drayage and storage of the deceased tenant's property. (household member) am/is a victim of, . I further verify that I have informed the person whose . 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. According to local landlord-tenant laws, tenants may terminate the lease agreement after it ends. 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. They may initiate a dispute resolution process to work for a voluntary settlement of the case. . (1) The agreement may not appear in a standard form lease or rental agreement; (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 the ensuring safe, and sanitary housing; 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. All installment schedules must be in writing and signed by the landlord and the tenant. (5) Beginning January 1, 2021, any landlord who refuses to permit a tenant to pay any deposits, nonrefundable fees, and last month's rent in installments upon the tenant's written request as described in subsection (1) of this section is subject to a statutory penalty of one month's rent and reasonable attorneys' fees payable to the tenant. For additional resources, call 2-1-1 or the Northwest Justice Project CLEAR Hotline outside King County (888) 201-1014 weekdays between 9:15 a.m. 12:15 p.m., or (888) 387-7111 for seniors (age 60 and over). . (ii) If a prospective landlord conducts his or her own screening of tenants, the prospective landlord may charge his or her actual costs in obtaining the background information only if the prospective landlord provides the information as required in (a) of this subsection. Contact Us (city) . This chapter does not apply to any proprietary lease as defined in RCW, (2) If the lessor has amended its governing documents to provide that chapter, (1) Any city, town, county, or municipal corporation that is required to develop a comprehensive plan under RCW. It's important to note that landlords may not retaliate against their tenants since it's illegal. , . What to Do Immediately If Falsely Accused as a Sex Offender, Washington State Stand Your Ground Law & Self-Defense, Revised Code of Washington, Section 9A.46.020, Revised Code of Washington, Section 9A.20.030, harassment accusations are actually false, Saying you will damage someone elses property, Threatening to restrain or confine someone, Saying you will carry out any other action that would hurt someone mentally or physically. However, it's always recommended to provide the lease in written form since it can serve as proof of everything agreed upon. (5) A tenant's remedies under this section do not preempt any other legal remedy available to the tenant. (3) The notice to the landlord of the rent escrow under this section shall be a sworn statement by the tenant in substantially the following form: The following condition has been certified by a local building official to substantially endanger, impair, or affect the health or safety of a tenant: That written notice of the conditions needing repair was provided to the landlord on . (g) Agrees to make rent payments through electronic means only. (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. (c) Other tenants who are parties to the rental agreement, except household members who are the victims of sexual assault, stalking, unlawful harassment, or domestic violence, are not released from their obligations under the rental agreement or other obligations under this chapter. This act shall take effect on August 1, 1989, and shall apply to landlord-tenant relationships existing on or entered into after the effective date of this act. If the person is unable to personally serve the landlord after exercising due diligence, the person may deposit the notice and demand in the mail, postage prepaid, to the landlord's or the landlord's agent's last known address. After seven days from the date the notice is mailed or delivered to the tenant, the landlord may sell or dispose of the property. Court-initiated stalking no-contact orders. When developing or changing the information, the department of health must include representatives of landlords in the development process. The tenant shall remain liable for the rent for the month in which he or she terminated the rental agreement unless the termination is in accordance with RCW, (b)(i) Notwithstanding lease provisions that allow for forfeiture of a deposit for early termination, a tenant who terminates under this section is entitled to the return of the full deposit, subject to RCW, (ii) If the landlord seeks reimbursement for damages from the landlord mitigation program pursuant to RCW. Additionally, there are some cities in the state that protect their tenants in case the landlord decides to evict them without cause. Initiation by the landlord of any action listed in RCW. . Upon the end date of the tenancy of a specified period, the tenancy becomes a month-to-month tenancy. (2) If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. Any payment you make to the landlord must first be applied to the total amount due as shown on this notice. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. 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. There shall be a rebuttable presumption that the owner did not intend to sell the unit if: (i) Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price by listing it on the real estate multiple listing service; or. (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. (33) "Subsidized housing" refers to rental housing for very low-income or low-income households that is a dwelling unit operated directly by a public housing authority or its affiliate, or that is insured, financed, or assisted in whole or in part through one of the following sources: (a) A federal program or state housing program administered by the department of commerce or the Washington state housing finance commission; (b) A federal housing program administered by a city or county government; (c) An affordable housing levy authorized under RCW. 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. . (3)(a) Except as provided in (b) of this subsection, a landlord shall provide a minimum of sixty 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. (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. 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). 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, and the prevailing party may recover court costs and reasonable attorneys' fees. Keep in mind that Washington laws allow landlords to withhold a deposit partially to cover for any extreme damages to the property or breaches to the lease agreement. . 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): . WPF UH-02.0120. (8) Not engage in any activity at the rental premises that is: (a) Imminently hazardous to the physical safety of other persons on the premises; and, (b)(i) Entails physical assaults upon another person which result in an arrest; or, (ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW, (9) Not engage in any gang-related activity at the premises, as defined in RCW. (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. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. The summons must contain a street address for service of the notice of appearance or answer and, if available, a facsimile number for the plaintiff or the plaintiff's attorney, if represented. (3)(a) If a tenant representative has not contacted the landlord or removed the deceased tenant's property within the applicable time periods under this section, the landlord may sell or dispose of the deceased tenant's property, except for personal papers and personal photographs, as provided in this subsection. 2019 , , (Jay Inslee) , , 14 , , , , , , . . This subsection does not apply to tenants residing in subsidized housing. The administrative fee for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise allocated by the arbitrator, shall be shared equally by the parties: PROVIDED, That upon either party signing an affidavit to the effect that he or she is unable to pay his or her share of the fee, that portion of the fee may be waived or deferred. . RESPONSE MUST BE RECEIVED BY: 5:00 p.m., on . . . (b) Any situation where court action has been started by either landlord or tenant to enforce rights under this chapter; when the court action substantially affects the controversy, including but not limited to: (i) Court action pursuant to subsections (2) and (3) of RCW, (ii) Any unlawful detainer action filed by the landlord pursuant to chapter. Tenancy from month to month or for rental period. . . Last Updated: The Attorney Generals Office has created the following guide to SB 5160 to help landlords and tenants understand their rights and responsibilities under that new law: County-Specific Resources for Tenants and Landlords If the tenant cures the violation within the one-day period, the rental agreement does not terminate. . Employee Resources, Serving Communities (6)(a) If a rental property has twenty or fewer dwelling units, no more than four dwelling units at the rental property may be selected by the local municipality to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant. (5) If a defective condition exists which affects more than one dwelling unit in a similar manner, the arbitrator may consolidate the issues of fact common to those dwelling units in a single proceeding. 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 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. 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 court must condition such a stay upon the tenant's continued payment of rent during the stay period. The Eviction Resolution Program Notice informs tenants of legal and other resources to help them try to reach an agreement with their landlord on a repayment plan for unpaid rent. In all other cases, the tenant may elect to pay any deposits, nonrefundable fees, and last month's rent in two consecutive and equal monthly installments, beginning at the inception of the tenancy. (21) "Person" means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity. . The Washington state Office of the Attorney General has this notice in multiple languages as well as information on available resources to help you pay your rent, including state and local rental assistance programs, on its website at www.atg.wa.gov/landlord-tenant. (f) Upon vacating the dwelling unit, the tenant must deliver the key and all copies of the key to the landlord by mail or personal delivery by a third party. (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. (iii) File an action with the court and apply to the court for release of the rent on the grounds that there was no violation of any obligation imposed upon the landlord or that the condition has been remedied. A landlord shall not unreasonably interfere with a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit. Penalties can vary from fines and probation to time behind bars. Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. (28) "Reasonable manner," with respect to disposing of a deceased tenant's personal property, means to dispose of the property by donation to a not-for-profit charitable organization, by removal of the property by a trash hauler or recycler, or by any other method that is reasonable under the circumstances. (d) For all other tenancies of a specified period not covered under (b) or (c) of this subsection, and for tenancies of an indefinite period on a month-to-month or periodic basis, a landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section. (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. If this case is filed, you need to also file your response with the court by delivering a copy to the clerk of the court at: . Notice to tenant to remedy nonconformance. (6)(a) If a landlord brings an action for the release of rent deposited, the court may, upon application of the landlord, release part of the rent on deposit for payment of the debt service on the premises, the insurance premiums for the premises, utility services, and repairs to the rental unit. . (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. 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. 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. We only handle cases in Washington State. (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. Landlords and tenants of mobile homes are subject to the rules of the Mobile Home Landlord-Tenant Act (RCW 59.20); a summary of this act is available from the Washington State Office of the Attorney General by calling at 800-551-4636. (4) If a tenant has filed a motion to stay a writ of restitution from execution, the court may only award attorneys' fees to the landlord if the tenant is permitted to be reinstated pursuant to RCW. (4)(a) A fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit, as authorized under RCW. (2) A qualified inspector who is conducting an inspection under this section may only investigate a rental property as needed to provide a certificate of inspection. If an occupant becomes a party to the tenancy pursuant to this subsection, a landlord may not end the tenancy except as provided under subsection (2) of this section. La Oficina del Procurador General tradujo esta notificacin en los 12 idiomas ms comnmente hablados en Washington. . 59.18.280. Applicability to certain single-family dwelling leases. However, the request to terminate the rental agreement must occur within ninety days of the reported act, event, or circumstance that gave rise to the protective order or report to a qualified third party. (3) The arbitrator shall conduct public or private hearings. Such 90-day notice shall be in lieu of the notice required by subsection (1) of this section. (5) "Public health emergency" refers to the governor of the state of Washington's proclamation 20-05, proclaiming a state of emergency for all counties throughout Washington state on February 29, 2020, and any subsequent orders extending or amending such proclamation due to COVID-19 until the proclamation expires or is terminated by the governor of the state of Washington. . Our call centers are open M-F 10 a.m. to 3 p.m. 1.800.551.4636 (in Washington only) 206.464.6684 1.800.833.6388 (Washington State Relay Service for the hearing impaired) Complaint Process Our staff will evaluate your complaint. (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. Mediation of disputes by independent third party. (3) "Household member" means a child or adult residing with the tenant other than the perpetrator of domestic violence, stalking, or sexual assault. A conviction could leave you in prison for as long as five years. For information regarding Eviction Rent Assistance in your county. What City/County is your case located in? The city of Tacoma maintains a Tenant Rights Ordinance. Community Economic Revitalization Board (CERB), A survivor of domestic violence, sexual assault, unlawful harassment or stalking, and, Has permitted to vacate with no notice, and, Has received a full refund of their security deposit, The move-in condition report completed by the landlord and tenant at the time of move-in, and, Full tenant ledger showing all charges for repairs, and, Move-out letter showing the return of the full security deposit, An executed written rental agreement between the landlord and the tenant, and, A tenant ledger showing all charges, payments and running balance from the last zero balance, and, A tenant security move-out letter for tenants who have vacated the rental unit, and, The move-in condition report executed by the tenant at the time of claim approval, and, The police report, restraining/court order or tenant self-affidavit, and. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. In determining such amounts, the jurisdiction imposing the requirement shall evaluate, and receive public testimony on, what relocation expenses displaced tenants would reasonably incur in that jurisdiction including: (a) Actual physical moving costs and expenses; (b) Advance payments required for moving into a new residence such as the cost of first and last month's rent and security and damage deposits; (c) Utility connection fees and deposits; and. All Rights Reserved. If a writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required. AT THE DIRECTION OF THE COURT THE SHERIFF MAY TAKE FURTHER ACTION. The landlord must: Make sure the apartment meets all state and local codes. . This subsection (2)(c)(i) does not apply to jurisdictions that have created a relocation assistance program under RCW. However, if the person is prevented from personally serving the tenant due to threats or violence, or if personal service is not reasonable under the circumstances, the person may deposit the notice and demand in the mail, postage prepaid, to the tenant's address, or leave a copy of the notice and demand in a conspicuous location at the tenant's residence. (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, (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, (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 of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under 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. Legal resources, crisis counseling, tenant activism. day of . (2) 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. (c) An occupancy agreement, whether oral or written, in which the provisions of this section are waived is deemed against public policy and is unenforceable. 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