(17) "Mortgage" is used in the general sense and includes all instruments, including deeds of trust, that are used to secure an obligation by an interest in real property. (6) "Rent" has the same meaning as defined in RCW, (7) "Tenant" refers to any individual renting a dwelling unit or lot primarily for living purposes, including any individual with a tenancy subject to this chapter or chapter, Therefore, it is the intent of the legislature with this act to increase tenant protections during the public health emergency, provide legal representation for qualifying tenants in eviction cases, establish an eviction resolution pilot program to address nonpayment of rent eviction cases before any court filing, and ensure tenants and landlords have adequate opportunities to access state and local rental assistance programs to reimburse landlords for unpaid rent and preserve tenancies." Victims of domestic violence may be able to request to have their locks changed for enhanced protection. THE SHERIFF WILL NOT CEASE ACTION UNLESS YOU PROVIDE A COPY OF THE AGREEMENT. (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. All Rights Reserved. In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. 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. . (4) Notwithstanding subsections (1), (2), and (3) of this section, federally assisted housing that is occupied on other than a transient basis by persons who are required to abstain from possession or use of alcohol or drugs as a condition of occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is characterized as rent, program fees, or other fees, costs, or charges, are covered by this chapter unless the living arrangement is exempt under RCW, The definitions in this section apply throughout this section and RCW, (1) "Credit reporting agency" has the same meaning as set forth in RCW, (2) "Domestic violence" has the same meaning as set forth in RCW. Program Index These interim landlord-tenant protections, contained in Proclamation 21-09.2, will end at 11:59 p.m. on October 31, 2021. Arraignment No-contact order. (1) In the event of the death of a tenant who is the sole occupant of the dwelling unit: (a) The landlord, upon learning of the death of the tenant, shall promptly mail or personally deliver 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. However, if through no fault of the landlord, the insurer is suddenly unable to do business in Washington state or is otherwise incapable of fulfilling its obligation, the landlord is not required to credit the insurance coverage stated in the disclosure to any indebtedness owed by the tenant upon the tenant vacating the unit. Enforcement of orders restricting contact. 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. Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court. Washington State harassment laws specify that there has to be a reasonable belief on the part of the alleged victim that the accused would have or could have actually carried out the threatened action. (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. Therefore, we do not handle consumer complaints about issues covered by the Residential Landlord-Tenant Act. (1) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected. The following are grounds for evictions. (Attorney/Landlord Name), . 3) Do Not Withhold Rent if Your Landlord is Not Making Repairs. (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. This is punishable by five years in prison and a $10,000 fine. . . However, those who have been convicted of harassment before, threaten to kill someone or threaten someone involved in a criminal trial can be charged with a Class C felony. Die Staatsanwaltschaft bersetzte diese Abmahnung in 12 Sprachen, die in Washington hufig gesprochen werden. (iv) Information about how to contact the insurer or collector seeking reimbursement to dispute any claim. The city of Tacoma maintains a Tenant Rights Ordinance. The adverse action notice must contain the following information in a substantially similar format, including additional information as may be required under chapter. 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. A certificate of inspection does not preclude or limit inspections conducted pursuant to the tenant remedy as provided for in RCW. The 14-day notice informs tenants of the total financial obligation alleged by the landlord. (7) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant. Landlord responsibilities include providing a safe housing environment that complies with local laws. Or maybe the accusation is an outright lie. The State Legislature has passed legislation that provides the legal framework for landlords and tenants concerning evictions and housing related practices after the eviction moratorium. (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. The prospective landlord's actual costs include costs incurred for long distance phone calls and for time spent calling landlords, employers, and financial institutions. The Washington Human Rights Commission can be reached at 1-800-233-3247. And you could be stuck with up to $10,000 in fines. (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. (3) The tenant may change the designated person or revoke any previous designation in writing at any time prior to his or her death. . (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. By accepting such pledge of emergency rental assistance, the landlord is not required to enter into any additional conditions not related to the provision of necessary payment information and documentation. 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. Order Re Waiver of Filing Fees and Surcharges - Harassment (ORPRFP, ORDYMT) (2) Upon written notice of intent to seek a search warrant, when a tenant or landlord denies a fire official the right to search a dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal fire code violations exist in the dwelling unit, a court of competent jurisdiction shall issue a warrant allowing a search of the dwelling unit. No matter the case, a criminal defense lawyer can help try to bring the truth to light and escape serious criminal punishments. At the end of the period for which the rent has been paid pursuant to this subsection, the tenancy ends; (v) A statement that failure to remove the tenant's property before the tenancy is terminated or ends as provided in (a)(iv) of this subsection will allow the landlord to enter the dwelling unit and take possession of any property found on the premises, store it in a reasonably secure place, and charge the actual or reasonable costs, whichever is less, of drayage and storage of the property, and after service of a second notice sell or dispose of the property as provided in subsection (3) of this section; and, (vi) A copy of any designation executed by the tenant pursuant to RCW. (d) Anticipated additional rent and utility costs in the residence for one year after relocation. (1) When the landlord, after the exercise of due diligence, is unable to personally serve the summons on the tenant, the landlord may use the alternative means of service as follows: (a) The summons and complaint shall be posted in a conspicuous place on the premises unlawfully held, not less than nine days from the return date stated in the summons; and. OWNER/LANDLORD:___________DATE:______________, (2) Upon expiration of the eviction resolution pilot program established under RCW, (a) The landlord must also provide the notice required in this section to the dispute resolution center located within or serving the county in which the dwelling unit is located. . . Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single-family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit. YOUR LANDLORD'S ACCEPTANCE OF A PARTIAL PAYMENT FROM YOU AFTER SERVICE OF THIS WRIT OF RESTITUTION WILL NOT AUTOMATICALLY POSTPONE OR STOP YOUR EVICTION. A landlord must also allow for the tenant to submit a rental payment by mail unless the landlord provides an accessible, on-site location. . Public record requests for this program will be denied. eviction process and laws for Washington. Upon the end date of the tenancy of a specified period, the tenancy becomes a month-to-month tenancy. (4) The provisions of this section shall not: (a) Create a relationship of employer and employee between landlord and tenant; or, (b) Create liability under the workers' compensation act; or, (c) Constitute the tenant as an agent of the landlord for the purposes of **RCW. The landlord shall have no power or authority to prohibit entry for the inspection. . La notificacin enviada con 14 das de anticipo informa a los inquilinos de la totalidad de sus obligaciones financieras establecidas por el arrendador. 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. 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. (5)(a) A landlord who receives notice that the rent due has been deposited with an escrow pursuant to subsection (2) of this section may: (i) Apply to the escrow for release of the funds after the local government certifies that the repairs to the conditions listed in the notice under subsection (3) of this section have been properly repaired. . Die Staatsanwaltschaft sammelte Informationen fr Mieter ber Rechts- und Anwaltsressourcen, einschlielich Einwanderungs- und Kulturorganisationen, bei denen die Mieter Untersttzung in ihrer Muttersprache erhalten knnen. The Attorney Generals Office translated this 14-day notice into 12 languages commonly-spoken in Washington. However, it's always recommended to provide the lease in written form since it can serve as proof of everything agreed upon. Eviction Resolution Program Notice and Resource Information You may find additional information to help you at http://www.washingtonlawhelp.org. (2) "Eviction moratorium" refers to the governor of the state of Washington's proclamation 20-19.6, proclaiming a moratorium on certain evictions for all counties throughout Washington state on March 18, 2021. . To that end, they are also legally required to do the following: Washington landlords can initiate and complete the eviction process in one to three months (or longer). 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. (vii) Any other party to a distressed property conveyance. When there is a written rental agreement for the premises, the landlord shall provide an executed copy to each tenant who signs the rental agreement. When a landlord offers the tenant the choice of paying a fee in lieu of the security deposit, the landlord must disclose certain terms to the tenant in writing. (g) An inspection pursuant to a warrant must not be made: (i) Between 7:00 p.m. of any day and 8:00 a.m. of the succeeding day, on Saturday or Sunday, or on any legal holiday, unless the owner or, if occupied, the tenant specifies a preference for inspection during such hours or on such a day; (ii) Without the presence of an owner or occupant over the age of eighteen years or a person designated by the owner or occupant unless specifically authorized by a judge upon a showing that the authority is reasonably necessary to effectuate the purpose of the search warrant; or. (25) "Prospective tenant" means a tenant or a person who has applied for residential housing that is governed under this chapter. If the property that is being stored has a cumulative value of two hundred fifty dollars or less, then the landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes. (1) The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement. (1) The eviction moratorium instituted by the governor of the state of Washington's proclamation 20-19.6 shall end on June 30, 2021. Landlord Tenant, Divorce, Domestic Violence and Estate Planning. (8) By July 1, 2022, until July 1, 2023, the administrative office of the courts must provide a report to the legislature summarizing the report data shared by the superior courts and dispute resolution centers under subsection (7) of this section. . However, if a rental property owner chooses to inspect only a sampling of the units, the owner must send written notice of the inspection to all units at the property. However, they must send a particular written notice depending on the type of lease. (5) A tenant's remedies under this section do not preempt any other legal remedy available to the tenant. (2) As used in this section, "low-income tenants" means tenants whose combined total income per dwelling unit is at or below fifty percent of the median income, adjusted for family size, in the county where the tenants reside. (1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. The notice of default must be in substantially the following form: NOTICE OF DEFAULT FOR RENT AND/OR PAYMENT PLAN ORDERED BY COURT. 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. (C) Be served to the tenant concurrent with or after the fourth or subsequent written warning notice; (iv) The notice under this subsection must include all notices supporting the basis of ending the lease; (v) Any notices asserted under this subsection must pertain to four or more separate incidents or occurrences; and. (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. If, after receipt of written notice, as provided in RCW, (1) Bring an action in an appropriate court, or at arbitration if so agreed for any remedy provided under this chapter or otherwise provided by law; or. 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. (5) A city, town, county, or municipal corporation requiring the provision of relocation assistance under this section shall adopt policies, procedures, or regulations to implement such requirement. If I/we fail to pay these costs, the landlord may sell or dispose of the property pursuant to and within the time frame permitted under RCW, IF NO ADDRESS IS PROVIDED, NOTICE OF SALE WILL BE SENT TO THE LAST KNOWN ADDRESS OF THE TENANT(S). Comply with the requirements of city, county, or state regulations. If you choose this option, you will not pay a security deposit or last month's rent in advance. (1) Domestic violence, sexual assault, and stalking are widespread societal problems that have devastating effects for individual victims, their children, and their communities. Secretary of State If your complaint involves more than $10,000, you may wish to seek a private attorney. (5) When serving a tenant with a writ of restitution pursuant to RCW. (v) The court shall extend the writ of restitution as necessary to enforce the order issued pursuant to this subsection (3)(c) in the event of default. When the tenant decides to leave the rental unit, the landlord must return the security deposit within 21 days of the tenant leaving to comply with the law. Nothing in this subsection shall be construed to prevent a tenant from making a request for reasonable accommodation under federal, state, or local law. . (2) Pursue other remedies available under this chapter. . . RCW, (1) A landlord shall, upon the execution of a writ of restitution by the sheriff, enter and take possession of any property of the tenant found on the premises. The court shall also enter an order directing the parties to proceed to trial on the complaint and answer in the usual manner. . . . After the expiration of the time specified in the warrant, the warrant, unless executed, is void. (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. protects tenants of most housing types from being discriminated against due to race, color, national origin, religion, sex,, or disability. The order shall notify the defendant that if he or she fails to appear and show cause at the time and place specified by the order the court may order the sheriff to restore possession of the property to the plaintiff and may grant such other relief as may be prayed for in the complaint and provided by this chapter. The notice must advise tenants that some of the units at the property will be inspected and that the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW. In 2021, the Washington State Legislature passed and Governor Inslee signedlegislation,which required landlords to provide notice at least 14 days before initiating an eviction proceeding, and made changes to thenotice form that landlords must send to tenants if they fail to pay rent, utilities or another periodic charge that is agreed to in the lease. (ii) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees. (3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to low-income tenants. (vi) This subsection (2)(n) does not absolve a landlord from demonstrating by admissible evidence that the four or more violations constituted breaches under (b) of this subsection at the time of the violation had the tenant not remedied or cured the violation; (o) The tenant continues in possession after having received at least 60 days' advance written notice to vacate prior to the end of the rental period or rental agreement if the tenant is required to register as a sex offender during the tenancy, or failed to disclose a requirement to register as a sex offender when required in the rental application or otherwise known to the property owner at the beginning of the tenancy; (p) The tenant continues in possession after having received at least 20 days' advance written notice to vacate prior to the end of the rental period or rental agreement if the tenant has made unwanted sexual advances or other acts of sexual harassment directed at the property owner, property manager, property employee, or another tenant based on the person's race, gender, or other protected status in violation of any covenant or term in the lease. 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