(b) The burden of proof for such relief under this subsection (3) shall be on the tenant. (year), I verify that I have provided to the person whose signature appears above the statutes cited in RCW, Dated this . The court may also award reasonable attorneys' fees as provided in RCW. (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. (13) "Gang-related activity" means any activity that occurs within the gang or advances a gang purpose. (ii) Such disclosures to the tenant must be in substantially the following form: (iii) The landlord shall provide the disclosure form to the tenant with any lease and renewal that includes the option to pay a fee instead of a security deposit. Let Us Handle . Nicholas Yuva360-725-2949landlordfund@commerce.wa.gov, About Us 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. If a judgment has been satisfied, the landlord shall file a satisfaction of judgment with the court. On or before the day fixed for his appearance the defendant may appear and answer. Last Updated: This includes occasions where repairs are being made or the space is being shown to a prospective tenant. 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. Landlord's remedies if tenant fails to remedy defective condition. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior court, and such court shall have jurisdiction to issue an appropriate order. (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. Any provision in a rental agreement creating a lien upon the personal property of the tenant or authorizing a distress for rent is null and void and of no force and effect. . Please visit the Department of Health website (hum.wa.gov) for more . State law also provides you the right to receive interpreter services at court. (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. Arraignment No-contact order. If the landlord cannot give tenants these repairs, they may exercise theirrepair and deductright. If there is a water leak or moisture problem, it should be fixed by the landlord. The prevailing party may also recover court costs and reasonable attorneys' fees. (2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. To get started, contact Will & Will at 206-858-1380, or contact us online. Refusing to Accept Rent Payments as a Means of Intimidation. (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 an action for a violation of this chapter that is filed under chapter. (4) Upon learning of the death of the tenant, the landlord may enter the deceased tenant's dwelling unit and immediately dispose of any perishable food, hazardous materials, and garbage found on the premises and turn over animals to a tenant representative or to an animal control officer, humane society, or other individual or organization willing to care for the animals. A landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual damages in an action against the tenant. Installment payments are due at the same time as rent is due. (3) When a tenant has permanently vacated due to voluntary or involuntary events, other than by the ending of the tenancy by the landlord, a landlord must serve a notice to any remaining occupants who had coresided with the tenant at least six months prior to and up to the time the tenant permanently vacated, requiring the occupants to either apply to become a party to the rental agreement or vacate within 30 days of service of such notice. 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. YOU MAY PAY A MONTHLY FEE INSTEAD OF A SECURITY DEPOSIT. More information on it can be found here. Tenants and landlords interested in learning whether they may qualify for Eviction Rent Assistance for unpaid rent during or after COVID-19 should contact their local rent assistance provider. In an unlawful detainer action involving property that was a distressed home: (1) The plaintiff shall disclose to the court whether the defendant previously held title to the property that was a distressed home, and explain how the plaintiff came to acquire title; (2) A defendant who previously held title to the property that was a distressed home shall not be required to escrow any money pending trial when a material question of fact exists as to whether the plaintiff acquired title from the defendant directly or indirectly through a distressed home conveyance; (3) There must be both an automatic stay of the action and a consolidation of the action with a pending or subsequent quiet title action when a defendant claims that the plaintiff acquired title to the property through a distressed home conveyance. Verbally or Physically Threatening a Tenant. . A "program of recovery" includes Alcoholics Anonymous, Narcotics Anonymous, and similar programs. 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. As for the eviction process in Washington, the landlord can initiate an eviction process if one of the following conditions are met: For your own lease agreement template for Washington, visit DoorLoop's Forms Page and download the PDFor Word template. Any rights the tenant and landlord have under this chapter with respect to rent owing equally apply under this subsection. Landlords may obtain the information from the department's website or, if requested by the landlord, the department must mail the information to the landlord in a printed format. Payment of rent condition to exercising remedies, Landlord's failure to remedy defective condition. . . The certification shall be provided to the tenant, and a copy shall be included by the tenant with the notice sent to the landlord under subsection (3) of this section. 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. Regardless of not having any limitations, most landlords tend to charge an amount equal to one month of rent. . House & Apartment Tenants' rights Tenants' rights Know Your Rights Other House Problems For court forms, choose the Court Forms & Procedures tab below Know Your Rights Court Forms & Procedure 101 Resource (s) Found Filter By: Language Format The Basics (31) Deposits / Damages Claims (6) Evictions about owing rent (9) (7) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant. 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. (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. (5) A tenant's remedies under this section do not preempt any other legal remedy available to the tenant. Landlords have 72 hours to fix an issue that involves the refrigerator, oven, range, or a major plumbing issue. (iii) The sheriff may serve the writ of restitution upon the tenant before the expiration of the five court days of issuance of the order; however, the sheriff shall not execute the writ of restitution until after expiration of the five court days in order for payment to be made of one month's rent as required by (c)(ii) of this subsection. (d) If a court determines a diminished rental value of the premises, the tenant may pay the rent due based on the diminished value of the premises into escrow until the landlord makes the necessary repairs. Tenancies from year to year except under written contract. / Click here for a printable document. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. (a) If the tenant representative makes arrangements with the landlord to pay rent in advance as provided in subsection (1)(a)(iv) of this section, the landlord shall mail a second written notice to any known personal representative, known designated person, emergency contact identified by the tenant on the rental application, known person reasonably believed to be a successor of the tenant as defined in RCW. Department of Revenue . (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. Seattle University School of Law. A trial shall be held within sixty days of the date of filing of the landlord's or tenant's complaint. (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. Harassment laws in Washington state are very clear about what harassment is and is not. . (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. Tenancy-at-Will Notice Requirement. (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. Motion and Declaration for Waiver of Filing Fees and Surcharges - Harassment (MTWVF) 07/2019. 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. The checklist shall include a diagram showing the emergency evacuation routes for the occupants. This notice must be sent in every instance of rental increases. Any excess income derived from the sale of such property shall be held by the landlord for the benefit of the tenant for a period of one year from the date of the sale. ; If your landlord is threatening to evict you, call 1-855-657-8387 OR apply for help online. A landlord must also allow for the tenant to submit a rental payment by mail unless the landlord provides an accessible, on-site location. No one has the right to threaten or hurt you. unlawful harassment as defined by RCW. Isinalin ng Opisina ng Attorney General itong 14 na araw na abiso sa 12 wika na karaniwang ginagamit sa Washington. 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. (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. (B) "Change of use" means: (I) Conversion of any premises from a residential use to a nonresidential use that results in the displacement of an existing tenant; (II) conversion from one type of residential use to another type of residential use that results in the displacement of an existing tenant, such as conversion to a retirement home, emergency shelter, or transient hotel; or (III) conversion following removal of use restrictions from an assisted housing development that results in the displacement of an existing tenant: PROVIDED, That displacement of an existing tenant in order that the owner or a member of the owner's immediate family may occupy the premises does not constitute a change of use. . . 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. The tenant may request one free replacement copy during the tenancy. (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. If the perpetrator has been identified by the qualified third party and is no longer an employee or agent of the landlord or owner and does not reside at the property, the tenant shall provide the owner or owner's designated agent with a copy of the key to the new locks at the same time as providing notice that the tenant does not wish to terminate his or her rental agreement. Public record requests for this program will be denied. (d) The local government or its designee shall certify whether the condition or the conditions specified by the tenant do exist and do make the premises substantially unfit for human habitation or can be a substantial risk to the health and safety of the tenant as described in (a) of this subsection. (iv) Upon payment by the department of commerce to the landlord for the remaining or total amount of the judgment, as applicable, the judgment is satisfied and the landlord shall file a satisfaction of judgment with the court. Haga clic aqu para obtener un documento imprimible / Click here for a printable document, 2019Inslee14141412., / Click here for a printable document. Landlords, on the other hand, cannot unilaterally change a tenants lock. (iv) The office of the attorney general shall make this form available in the 12 most commonly spoken languages in Washington. . In processing any application from a remaining occupant under this subsection, the landlord may require the occupant to meet the same screening, background, and financial criteria as would any other prospective tenant to continue the tenancy. The purpose of this act is to establish a process by which displaced tenants would receive funds for relocation from landlords who fail to provide safe and sanitary housing after due notice of building code or health code violations. Any landlord who violates this section may be liable to such tenant for his or her actual damages sustained by him or her, and up to one hundred dollars for each day or part thereof the tenant is thereby deprived of any utility service, and the prevailing party may recover his or her costs of suit or arbitration and a reasonable attorney's fee. . . . (vii) Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants. (year), Signature of authorized officer/employee of (Organization, agency, clinic, professional service provider), (2)(a) A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the last day of the month of the quitting date. A failure to obey such order may be punished by the court as a contempt thereof. . Pay for fumigation and/or damage to the dwelling. The Attorney Generals Office translated this 14-day notice into 12 languages commonly-spoken in Washington. I/we understand that I/we am/are responsible for the actual or reasonable costs of moving and storing the property, whichever is less. (3) The summons for unlawful detainer actions for tenancies covered by this chapter shall be substantially in the following form: THIS IS AN IMPORTANT LEGAL DOCUMENT TO EVICT YOU. (d) A tenant who has been served with three or more notices to pay or vacate for failure to pay rent as set forth in RCW, (e)(i) In any application seeking relief pursuant to this subsection (3) by either the tenant or landlord, the court shall issue a finding as to whether the tenant is low-income, limited resourced, or experiencing hardship to determine if the parties would be eligible for disbursement through the landlord mitigation program account established within *RCW, (ii) After a finding that the tenant is low-income, limited resourced, or experiencing hardship, the court may issue an order: (A) Finding that the landlord is eligible to receive on behalf of the tenant and may apply for reimbursement from the landlord mitigation program; and (B) directing the clerk to remit, without further order of the court, any future payments made by the tenant in order to reimburse the department of commerce pursuant to *RCW, (iii) If the department of commerce fails to disburse payment to the landlord for the judgment pursuant to this subsection (3)(e) within thirty days from submission of the application, the landlord may renew an application for a writ of restitution pursuant to RCW. These courts do not hear eviction cases, though. The court or arbitrator may also authorize the tenant to make or contract to make further corrective repairs and the tenant may deduct from the rent the cost of such repairs, as long as the court specifies a time period in which the landlord may make such repairs before the tenant may commence or contract for such repairs. However, in Seattle, the landlord may need to send a 60 days' notice before raising rent from 10% onwards. . . The Landlord Survivor Relief program can award payments of up to $5,000 for damages directly to the landlord when the conditions below are met. 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. In any action, including actions pursuant to chapters. If you choose to pay a recurring monthly fee instead of a security deposit, then you are permitted at any time to pay the landlord a security deposit in the amount of $__________ and stop paying the recurring fee beginning in the month following payment of the security deposit. (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. Part 1: The Basics Part 2: If the Abuser is Someone You Live With Part 3: If the Abuser is Your Landlord Part 4: If Your Landlord Threatens to Evict You Get Legal Help Download Packet with Sample Forms and Letters Related Resources Please Note: Read this only if you live in Washington State. Order restricting contact Violation. days have elapsed and the repairs have not been made. 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. (5) A landlord found in material violation of chapter 81, Laws of 2022 shall be held liable to the tenant in a civil action up to two times the monthly rent of the real property unit at issue, as well as court or arbitration costs and reasonable attorneys' fees. (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. Fixed-Term Early Termination. 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. "Source of income" does not include income derived in an illegal manner. (b) The information required under this subsection may be provided to a tenant in a multifamily residential building either as a written notice or as a checklist that discloses whether the building has fire safety and protection devices and systems. (b) The property owner's portion of any relocation assistance provided to low-income tenants under this section shall not exceed one-half of the required relocation assistance under (a) of this subsection in cash or services. 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. As for rent increases, landlords may raise rental prices if they want, but they must send a 30-day notice (one month) to the tenant. 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. 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.
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