(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. It is more than following someone around or making unwanted comments. (d) Before issuing an inspection warrant, the judge shall find that the applicant has: (i) Provided written notice of the date, approximate time, and court in which the applicant will be seeking the warrant to the owner and, if the applicant reasonably believes the dwelling unit or rental property to be inspected is in the lawful possession of a tenant, to the tenant; and (ii) posted a copy of the notice on the exterior of the dwelling unit or rental property to be inspected. However, nothing in this subsection (4)(b) shall be construed to prohibit the landlord from sending an invoice to the tenant before submitting a claim to the insurer. Some states require landlords to send advanced notice to their tenant before entering their property. The Attorney Generals Office collected information for tenants about legal and advocacy resources, including immigrant and cultural organizations where tenants can receive assistance in their primary language. (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) 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; and must notify the defendant to appear and answer within the time designated or that the relief sought will be taken against him or her. Subscribe to receive emails or SMS/text messages from Commerce or to access subscriber preferences. Remember that the key to avoiding disputes is communicating with the other parties involved to understand their rights and terms for leasing a property. (d) The rental agreement is in writing and includes the following provisions: (i) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises; (ii) The tenant may not allow the tenant's guests to use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, on the premises; (iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement; (iv) On at least a quarterly basis the tenant must provide written verification from the tenant's program of recovery that the tenant is participating in the program of recovery and the tenant has not used alcohol or illegal drugs; (v) The landlord has the right to require the tenant to take a urine analysis test regarding drug or alcohol usage, at the landlord's discretion and expense; and. 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). Building Infrastructure Many tenants are unaware of their rights under federal fair credit reporting laws to dispute information that may be inaccurate. (2) For rent that accrued between March 1, 2020, and the six months following the expiration of the eviction moratorium expiration date: (a) A landlord may not report to a prospective landlord: (i) A tenant's nonpayment of rent that accrued between March 1, 2020, and the six months following the expiration of the eviction moratorium; or, (ii) An unlawful detainer action pursuant to RCW. , , , . (11) "Eviction history" means a report containing or summarizing the contents of any records of unlawful detainer actions concerning the prospective tenant that are reportable in accordance with state law, are lawful for landlords to consider, and are obtained after a search based on at least seven years of address history and alias information provided by the prospective tenant or available in the consumer credit report. (2) A landlord may not publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign of any kind relating to the rental or lease of real property that indicates a preference, limitation, or requirement based on any source of income. 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): . (b) A landlord is not required to permit a tenant to pay in installments if the total amount of the deposits and nonrefundable fees do not exceed twenty-five percent of the first full month's rent and payment of the last month's rent is not required at the inception of the tenancy. . . If commercially reasonable, a landlord may sell the tenant's property by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms. 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. . The fair housing agency will attempt to negotiate a resolution between the two parties throughout the process. . (5) When serving a tenant with a writ of restitution pursuant to RCW. 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. I verify that I have provided to the person whose signature appears above the statutes cited in RCW 59.18.575 and that the individual was a victim of an act that constitutes a crime of domestic violence, sexual assault, unlawful harassment, or stalking, and that the individual informed me of the name of the alleged perpetrator of the act. (3) If a landlord requires that a prospective tenant or current 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. Sexual Harassment. Dated at . A tenant who terminates a rental agreement under this section 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. Renters need to notify landlords promptly, in writing, of any water leaks or moisture problems. . The notice and demand shall be served by delivering a copy personally to the landlord or the landlord's agent. . (b) The landlord shall turn over possession of the tenant's property to a tenant representative if a request is made in writing within the specified time period or any subsequent date agreed to by the parties; (c) Within fourteen days after the removal of the property by the tenant representative, the landlord shall refund any unearned rent and shall give a full and specific statement of the basis for retaining any deposit together with the payment of any refund due the deceased tenant under the terms and conditions of the rental agreement to the tenant representative; and. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); In Washington state, a threat, no matter how it was meant, can be perceived as harassment and can lead to criminal charges against you. Haga clic aqu para obtener un documento imprimible / Click here for a printable document, 2019Inslee14141412., / Click here for a printable document. When a party gives notice pursuant to RCW. Spokane is currently considering a number of local housing ordinances, including one to implement a just cause standard for evictions. Nhp vo y xem bn in / Click here for a printable document. (24) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. Illegal Entry into the Rental Property. (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. (ii) If the value of the stored property does not meet the threshold provided in (a)(i) of this subsection, the landlord may dispose of the property in a reasonable manner. We have dedicated our lives to helping the accused. 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. Therefore, such activity, although it may be occurring within an individual's home or the surrounding areas of an individual's home, becomes the community's concern. (3) Before the entry of any judgment or issuance of a writ of restitution due to the tenant's failure to appear, the landlord shall provide the court with a declaration from the person or persons who served the tenant that describes the service achieved, and if by alternative service pursuant to this section, that describes the efforts at personal service before alternative service was used and a declaration from the landlord stating his or her belief that the tenant cannot be found. (3) "Household member" means a child or adult residing with the tenant other than the perpetrator of domestic violence, stalking, or sexual assault. A tenant seeking to exercise rights under this subsection shall pay an additional fifty dollars for each time the tenant was reinstated after judgment pursuant to this subsection within the previous twelve months prior to payment. What was the motive? Nothing in this subsection shall be construed to prevent a tenant from making a request for reasonable accommodation under federal, state, or local law. (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. Breanne W. Martin. (iii) For the purposes of allowing ample time for the insurance company to consider the landlord's insurance policy, including coverage and sufficiency of the claims and documentation submitted, including appeals, if any, of the insurer's claims decision, not undertake any collection activity for any debt against the tenant until 60 days after notifying the tenant and providing the documentation pursuant to (a)(i) and (ii) of this subsection, whichever is later. A record of the report to a qualified third party that is provided to the tenant or household member shall consist of a document signed and dated by the qualified third party stating: (i) That the tenant or the household member notified him or her that he or she was a victim of an act or acts that constitute a crime of domestic violence, sexual assault, unlawful harassment, or stalking; (ii) the time and date the act or acts occurred; (iii) the location where the act or acts occurred; (iv) a brief description of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking; and (v) that the tenant or household member informed him or her of the name of the alleged perpetrator of the act or acts. 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. This subsection does not apply to tenants residing in subsidized housing. If the landlord fails to complete payment of relocation assistance within the period required under this subsection, the city, town, county, or municipal corporation may advance the cost of the relocation assistance payments to the displaced tenants. 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. 59.18.280. The harassment could be against a tenant who lives in the rental unit or against a guest of a tenant. (b) Persons who move into a dwelling unit after the application for any necessary governmental permit or after any required condominium conversion notification or filing shall not be entitled to the assistance authorized by this section if such persons receive written notice from the property owner prior to taking possession of the dwelling unit that specifically describes the activity or condition that may result in their temporary or permanent displacement and advises them of their ineligibility for relocation assistance. . Stay updated on issues and actions affecting Washington State tenants. HB 2064 requires that the Office of the Attorney General make this form available in the 12 most commonly spoken languages in Washington. "Source of income" does not include income derived in an illegal manner. Refusing to Accept Rent Payments as a Means of Intimidation. However, there are some general guidelines that are usually included in these agreements to prevent any legal disputes between the parties involved. WHERE TOTAL AMOUNT DUE IS TO BE PAID: ___(owner/landlord name)___. More information on it can be found here. (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. (c) No landlord or employee of a landlord, or his or her family members, may acquire, directly or indirectly, the property sold pursuant to (a)(i) of this subsection or disposed of pursuant to (a)(ii) of this subsection. If the occupant fails to apply within 30 days of receipt of the notice in this subsection, or the application is denied for failure to meet the criteria, the landlord may commence an unlawful detainer action under this chapter. . Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court. . 14- ' , . . (3) The office of the attorney general may also produce and maintain on its website translated versions of common notices used in unlawful detainer actions, including those relevant to subsidized tenancies, low-income housing tax credit programs, or the federal violence against women act. Aside from that, the tenant must ensure that the property is kept in good condition so that it complies with housing and state laws. . . . (c) If a landlord and tenant enter into a rental agreement for a specified period in which the tenancy by the terms of the rental agreement does not continue for an indefinite period on a month-to-month or periodic basis after the end of the specified period, the landlord may end such a tenancy without cause upon expiration of the specified period only if: (i) At the inception of the tenancy, the landlord and tenant entered into a rental agreement of 12 months or more for a specified period, or the landlord and tenant have continuously and without interruption entered into successive rental agreements of six months or more for a specified period since the inception of the tenancy; (ii) The landlord has provided the tenant before the end of the specified period at least 60 days' advance written notice that the tenancy will be deemed expired at the end of such specified period, served in a manner consistent with RCW. The qualified third party shall keep a copy of the record of the report and shall note on the retained copy the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking. 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. 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. 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. I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. On written request by the landlord, the qualified third party shall, within seven days, provide the name of the alleged perpetrator of the act to the landlord only if the alleged perpetrator was a person meeting the definition of the term "landlord" under RCW, (b) A tenant who terminates his or her rental agreement under this subsection is discharged from the payment of rent for any period following the latter of: (i) The date the tenant vacates the unit; or (ii) the date the record of the report of the qualified third party and the written notice that the tenant has vacated are delivered to the landlord by mail, fax, or personal delivery by a third party. (h) Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for his or her source of income, would be eligible to rent real property. . 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. (b) Dispute resolution centers are encouraged to notify the housing justice project or northwest justice project located within or serving the county in which the dispute resolution center is located, as appropriate, once notice is received from the landlord under this subsection. Additionally, the landlord must provide repairs to the unit promptly if they're requested by the tenant (usually within 24-72 hours of notice). 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) Subject to the availability of amounts appropriated for this specific purpose, the administrative office of the courts shall contract with dispute resolution centers as described under chapter. 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. 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." Tenants have the legal right to request information regarding the storage of their security deposit, receive receipts for every payment they make, and live in a habitable unit that complies with local and state-wide housing guidelines. . 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: . By paying this fee the landlord is permitting you to move into the housing unit without paying a security deposit. (iii) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which a condemnation affects one or more dwelling units and the tenant's displacement is a direct result of the acquisition of the property by eminent domain. . Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. . If you need any more help with a rental case in Washington, make sure to seek legal assistance from a lawyer or areal estate manager. . Below is a list of common services that a Washington landlord may or may not be responsible (under state law) for providing and maintaining: Note:If a landlord provides an amenity not required by law, then they are generally responsible for maintaining it throughout tenancy. The legislature further finds that victims of these crimes who do not have access to safe housing are more likely to remain in or return to abusive or dangerous situations. The court shall also enter an order directing the parties to proceed to trial on the complaint and answer in the usual manner. This includes occasions where repairs are being made or the space is being shown to a prospective tenant. (year), I verify that I have provided to the person whose signature appears above the statutes cited in RCW, Dated this . If they do not fix the issue, a Washington tenant has the right to take alternative action by hiring a licensed contractor and deducting the actual costs from future rent payments. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section. The tenant does not have a right to cure this subsequent violation. (year), I verify that I have provided to the person whose signature appears above the statutes cited in RCW, Dated this . (6) 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. . If there is a water leak or moisture problem, it should be fixed by the landlord. (2) 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 discover the identity of the landlord and notify the landlord about the arrest in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency. The incident(s) that I rely on in support of this declaration were committed by the following person(s): . See Tafoya v. State Human Rights Comm'n, 177 Wn. (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. Definitions. (vii) Any other party to a distressed property conveyance. Moneys paid by tenant Landlord must apply toward rent Tenant's right to possession Installment payment plans. (1)(a) Prior to obtaining any information about a prospective tenant, the prospective landlord shall first notify the prospective tenant in writing, or by posting, of the following: (i) What types of information will be accessed to conduct the tenant screening; (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 obtain a free copy of the consumer report in the event of a denial or other adverse action, and to dispute the accuracy of information appearing in the consumer report; and. In 2021, the Washington State Legislature passed and Governor Inslee signedlegislation,which requires landlords to invite tenants to participate in their local county superior courts Eviction Resolution Programbeforea landlord is allowed to file an unlawful detainer action (eviction proceeding) for non-payment of rent. (2) Any landlord who maintains a website advertising the rental of a dwelling unit or as a source of information for current or prospective tenants must include a statement on the property's home page stating whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. Washington landlords must apply rent payments to rent first, even if the tenant owes other unpaid charges ( RCW 59.18.283 ). Verbally or Physically Threatening a Tenant. There are endless ways a landlord could harass a tenant. (f) A tenant may end a tenancy for a specified time by providing notice in writing not less than 20 days prior to the ending date of the specified time. . (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. The provisions of this chapter shall not apply to any lease of a single-family dwelling for a period of a year or more or to any lease of a single-family dwelling containing a bona fide option to purchase by the tenant: PROVIDED, That an attorney for the tenant must approve on the face of the agreement any lease exempted from the provisions of this chapter as provided for in this section. Any escrow fees that are incurred for which the tenant is entitled to reimbursement shall be deducted from the rent deposited in escrow and remitted to the tenant at such time as any rent is released to the landlord. 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. (3) When an order for limited dissemination of an unlawful detainer action has been entered with respect to a person, a tenant screening service provider must not: (a) Disclose the existence of that unlawful detainer action in a tenant screening report pertaining to the person for whom dissemination has been limited, or (b) use the unlawful detainer action as a factor in determining any score or recommendation to be included in a tenant screening report pertaining to the person for whom dissemination has been limited. Washington landlords are required to meet certain statewide (and sometimes local) habitability standards and make necessary repairs to make the unit livable. Therefore, we do not handle consumer complaints about issues covered by the Residential Landlord-Tenant Act. 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. 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. Any landlord is eligible if their rental property is in Washington when the tenant(s) have unpaid charges for damages and are: Due to the high risk of fraudulent claims through this program, survivors of domestic violence, sexual assault, unlawful harassment or stalking must be willing to provide documentation to substantiate their eligibility for this program. Oops! . Jurisdiction of district and superior courts. (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. 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