Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. (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. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the act, or its application to other persons or circumstances, is not affected. . The tenant can send a Consumer Demand Letter to the landlord within 30 days of the harassment and has the ability to sue the landlord in small claims court if seeking damages under $7,000., Tenants in San Francisco are protected by Prop M. This proposition defines the actions that are considered landlord harassment in the city and possible remedies for the harassment, including a potential decrease in rent, as well as the tenant being awarded up to $1,000 for each offense.. 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. Financial Statement - Harassment (Attachment) 07/2011. (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. (3) If a tenant living for less than two years in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. (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. The district or superior courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter within the respective jurisdictions of the district or superior courts as provided in Article IV, section 6 of the Constitution of the state of Washington. The writ of restitution and the notice that accompanies the writ of restitution required under RCW, (2) The notice accompanying a writ of restitution required under RCW. 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. The landlord is legally allowed to collect rental payments on time, gain the interest earned by the security deposit, and seek a proper eviction process if it's needed. However, in Seattle, the landlord may need to send a 60 days' notice before raising rent from 10% onwards. (d) The exercise of rights to change or add locks under this subsection does not discharge the tenant from the payment of rent until the rental agreement is terminated and the tenant vacates the unit. However, if the terms of the local agency's order do not allow the landlord to provide at least 30 days' advance written notice, the landlord must provide as much advance written notice as is possible and still comply with the order; (i) The tenant continues in possession after an owner or lessor, with whom the tenant shares the dwelling unit or access to a common kitchen or bathroom area, has served at least 20 days' advance written notice to vacate prior to the end of the rental term or, if a periodic tenancy, the end of the rental period; (j) The tenant continues in possession of a dwelling unit in transitional housing after having received at least 30 days' advance written notice to vacate in advance of the expiration of the transitional housing program, the tenant has aged out of the transitional housing program, or the tenant has completed an educational or training or service program and is no longer eligible to participate in the transitional housing program. (2) A landlord who charges a prospective tenant a fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit, after the dwelling unit has been offered to the prospective tenant, must provide the prospective tenant with a receipt for the fee or deposit, together with a written statement of the conditions, if any, under which the fee or deposit may be retained, immediately upon payment of the fee or deposit. Any excess income derived from the sale of such property under this section must be held by the landlord for a period of one year from the date of sale, and if no claim is made for recovery of the excess income before the expiration of that one-year period, the balance must be treated as abandoned property and deposited by the landlord with the department of revenue pursuant to *chapter, (b)Personal papers and personal photographs that are not claimed by a tenant representative within ninety days after a sale or other disposition of the deceased tenant's other property shall be either destroyed or held for the benefit of any successor of the deceased tenant as defined in RCW. (5) A rental property owner may choose to inspect one hundred percent of the units on the rental property and provide only the certificate of inspection for all units to the local municipality. (B) If the landlord serves the notice of default described under this subsection (3)(c)(iii), an additional day is not included in calculating the time before the sheriff may execute the writ of restitution. La Oficina del Procurador General recopil informacin para los inquilinos sobre recursos legales y de abogaca, incluyendo organizaciones de inmigrantes y culturales donde los inquilinos pueden recibir asistencia en su idioma nativo. (2) A defendant may serve a copy of an answer or notice of appearance by any of the following methods: (a) By delivering a copy of the answer or notice of appearance to the person who signed the summons at the street address listed on the summons; (b) By mailing a copy of the answer or notice of appearance addressed to the person who signed the summons to the street address listed on the summons; (c) By facsimile to the facsimile number listed on the summons. Washington Late Fees and Other Rent Rules. Forcible entry or detainer or unlawful detainer actions. An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent. (d) During the period from the date that a governmental agency responsible for the enforcement of a building, housing, or other appropriate code first notifies the landlord of conditions that violate applicable codes, statutes, ordinances, or regulations to the time that relocation assistance payments are paid to eligible tenants, or the conditions leading to the notification are corrected, the landlord may not: (i) Evict, harass, or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of this section; (iii) Materially increase or change the obligations of any tenant, including but not limited to any rent increase. . In most cases, harassing actions must be repeated several timesisolated incidents will not count as strong enough grounds for legal action. (8) "Tenant screening service provider" means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords. 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. (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. If the landlord doesn't return the deposit to the tenant within the provided 21-day notice, the landlord may have to pay up to two times the amount of the deposit, as well as the attorney's fees for the 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. Important Update Regarding Eviction Moratorium. Renters need to operate the heating and ventilation systems to reduce water condensation. . (e) All warrants must include at least the following: (i) The name of the agency and building official requesting the warrant and authorized to conduct an inspection pursuant to the warrant; (ii) A reasonable description of the premises and items to be inspected; and. Moneys paid by tenant Landlord must apply toward rent Tenant's right to possession Installment payment plans. (1) Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter. (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. . All other issues must be corrected within 10 days. (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. Wash. Ass'n of Apartment Ass'ns v. Evans, FOURTEEN-DAY NOTICE TO PAY RENT OR VACATE THE PREMISES, (1) Monthly rent due for (list month(s)): $ (dollar amount), (2) Utilities due for (list month(s)): $ (dollar amount), (3) Other recurring or periodic charges identified in the lease for (list month(s)): $ (dollar amount). . Relocation assistance payments received by tenants under *RCW. (f) If, after sixty days from the date that the city, town, county, or municipal corporation first advanced relocation assistance funds to the displaced tenants, a landlord has failed to repay the amount of relocation assistance advanced by the city, town, county, or municipal corporation under (c) of this subsection, then the city, town, county, or municipal corporation shall assess civil penalties in the amount of fifty dollars per day for each tenant to whom the city, town, county, or municipal corporation has advanced a relocation assistance payment. 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. . Erin Eberlin is a real estate and landlord expert, covering rental management, tenant acquisition, and property investment. . (5) Rental agreements for the use of any single-family residence which are incidental to leases or rentals entered into in connection with a lease of land to be used primarily for agricultural purposes; (6) Rental agreements providing housing for seasonal agricultural employees while provided in conjunction with such employment; (7) Rental agreements with the state of Washington, department of natural resources, on public lands governed by Title. (2) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may end a tenancy for a specified time if the tenant receives permanent change of station or deployment orders. (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. Please have the following required documents scanned to attach to your claim. A certificate of inspection does not preclude or limit inspections conducted pursuant to the tenant remedy as provided for in RCW. The Attorney General's Office has the legal authority to accept and attempt to resolve disputes concerning issues that arise from mobile/manufactured tenancy where an individual owns the home and rents a lot for the home in a mobile/manufactured home park. The tenant shall not be charged for normal cleaning if he or she has paid a nonrefundable cleaning fee. . (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. State law provides you the right to legal representation and the court may be able to appoint a lawyer to represent you without cost to you if you are a qualifying low-income renter. . (iv) This action may be filed in any court having jurisdiction, including small claims court. Tenancy from month to month or for rental period. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. (4) It is a defense to an unlawful detainer action under chapter. Media Center If a writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required. If your complaint involves more than $10,000, you may wish to seek a private attorney. (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) The landlord complies with this section if the required statement or payment, or both, are delivered to the tenant personally or deposited in the United States mail properly addressed to the tenant's last known address with first-class postage prepaid within the twenty-one days. 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