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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
The rights and responsibilities of both tenants and landlords in Washington are covered in the Washington Residential Landlord and Tenant Act. This act details the laws governing the state's landlord-tenant relationship.
Below is a summary of some key aspects of Washington's landlord-tenant laws.
Are landlords in Washington required to give notice before entering the property?
Yes. In Washington, it is legally compulsory for landlords to give written notice of their intention to enter a rental unit for at least two days. This regulation does not apply, though, in the event of an emergency or when doing so would be impractical. Additionally, only appropriate hours are allowed for landlords to enter a rented property. (RCW § 59.18.150)
Are landlords in Washington allowed to enter the property to conduct maintenance and repairs?
Yes. Landlords are allowed to enter a rental unit when performing maintenance and repairs on a rental property. On the other hand, the tenants are entitled to adequate notice—at least two days—of the intended entry.
Furthermore, it is illegal for tenants to unjustifiably deny their landlord access to the apartment so that the landlord can perform agreed-upon or essential repairs. (RCW § 59.18.150)
Under Washington law, landlords are allowed to charge a fair late fee of $20 or 20% of the rent, whichever is higher, when a rent is overdue as long as the late fee policy is clearly outlined in the lease agreement. (RCW § 19.150.150)
Source: Landlord/Tenant Rights — Washington State Bar Association, Washington Residential Landlord and Tenant Act.
SECTION 2
No state or county in Washington is permitted to enact a rent control law. (RCW § 35.21.830)
Landlords therefore have a great deal of freedom when it comes to raising rents, as well as their limits and frequency. Nonetheless, before they can increase rent, they must legally give tenants enough notice.
When deciding to raise rent, a landlord in Washington is required to give written notice of the change at least sixty days beforehand. (RCW § 59.18.140)
The city of Seattle is the only one that does not require 60 days' notice for increases intended to be 10% or more. According to Seattle Code 7.24.030, subsidized tenancies are exempt from this regulation and are instead required to give a 30-day notice.
Source: Rule Changes & Rent Increases — Tenants Union of Washington State
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SECTION 3
While Washington recognizes and accepts oral lease agreements, state laws mandate that there must be a written rental agreements if the lease is a year or longer. However, since a formal lease can act as documentation of all agreements, it is usually advised to get one regardless of the tenancy type.
The details required in a rental agreement can change based on the landlord, the tenant, and the state legislation in effect at the time. Nonetheless, these agreements typically contain certain fundamental rules to avoid any legal problems between the parties.
The following is a list of requirements that landlords are required to put in their leases:
Source: RCW § 59.20.060
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SECTION 4
Most states in the U.S. usually allow landlords to charge a security deposit up to one or two months' worth of rent. However, there is no statue limiting the deposit amount in Washington.
As such landlords in Washington can charge as much as they want for a security deposit. That being said, landlords should be mindful of local or municipal laws, if any exist, that might specify the statutory limit on deposits.
Pet deposits, non-refundable pet fees, and/or monthly pet premiums are allowed in Washington, however, local governments are free to set their own regulations in this area. (RCW §§ 59.18.285)
A landlord is permitted by Washington law to deduct funds from the security deposit in order to pay for the following:
Should a landlord deduct from the deposit they must provide an ietmized list of damages and charges. (RCW §§ 59.18.280)
Landlords in Washington State have three choices when it comes to holding onto a tenant's security deposit.
In the first scenario, an escrow agent can hold onto the tenant's security deposit on behalf of the landlord. The agent needs to be in Washington State and have a license.
Landlords also have the option of keeping security deposits held by tenants with a nationally reputable banking institution. These financial entities include banks, trust companies, credit unions, and loans and savings societies.
Landlords can retain it in a trust account under the third option. You must open this kind of account specifically to hold your renters' security deposits. In the event that interest is owed on the account, the landlord will automatically receive the interest.
If both the landlord and the tenant agree, however, then alternative terms may apply. Any agreement should be documented in writing.
However the landlord decides to hold the deposit, they must provide the tenant with a written receipt for the deposit including the notice of the name and address and location of the depository and any subsequent changes. (RCW §§ 59.18.270)
According to Washington's landlord-tenant laws, a landlord has 21 days from the date of the tenant's departure to repay the security deposit. (RCW §§ 59.18.280)
Partial or full refunds of the deposit are possible. If just a portion of the deposit is returned, the landlord is required to provide the renter with a security deposit return letter outlining the deductions and their associated costs. The notification and the remaining sum must then be sent to the renter by the landlord.
A landlord can give the renter the statement and deposit in a few different ways.
Initially, it will be delivered by hand to the tenant's last-known address. Secondly, by physically presenting it to the former tenant in person. Thirdly, by sending the papers through first-class mail in the United States.
If the landlord disregards these guidelines, there could be consequences. The landlord may also be required to reimburse the renter for up to double the amount of the deposit, in addition to covering the tenant's legal fees and court costs. However, these guidelines can be applicable if the renter decides to vacate the rental property.
Landlords in Washington are not required to pay interest on security deposits.
Source: RCW § 59.18.610, RCW § 59.18.260.
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SECTION 5
A landlord may lawfully evict a tenant for the reasons listed below.
Landlords have the right to use the eviction procedure to remove the renter from the property if they do not pay the rent as scheduled.
It is forbidden for tenants to commit crimes while occupying a rented home, and they risk eviction if they do. Landlords have the right to start the eviction process if the renter is detained and found guilty of selling narcotics while residing in the rental home.
Tenants owe it to landlords to protect the property you've given them. Landlords can initiate eviction procedures against tenants who seriously damage the property.
In Washington, it’s mandated that the conditions of the tenancy between the landlord and tenant be outlined in a formal written lease agreement. Tenants who break the conditions of the lease may face eviction in specific situations.
Regardless of the kind of tenancy, tenants must be given a 20 days' Washington eviction notice. The landlord may proceed to file an eviction lawsuit in order to remove the tenant from the property if they continue to occupy the rented space after their notice period has expired.
Here's an overview of the Washington eviction process:
Source: (RCW § 59.18.650), (RCW § 59.18.057)
SECTION 6
All specifics about Washington rental applications in are contained in the state code, RCW § 59.18.257.
There’s a cap on how much a landlord can charge as application fees in Washington. Landlords cannot charge more than their expenses during the screening procedure for potential tenants as the application fee.
Also, they are required to provide written notice outlining the screening process criteria to potential tenants before collecting any fees.
For background checks, landlords are allowed to look into the renters' past living arrangements, financial position, and history of offenses, among other things. However, there are regulations surrounding background checks to guarantee that these investigations respect tenants' rights to privacy while providing landlords with crucial information.
The Fair Housing Laws of the State of Washington also have a big impact on rental applications. This legislation expressly prohibits discrimination on the grounds of race, religion, national origin, sex (including gender identity), familial status (including pregnancy or having children), and disability, among other categories.
(RCW § 59.18.580) also provides extra protection for victims of sexual assault, harassment, stalking, and domestic abuse. Landlords cannot deny them housing based on their background as survivors.
Finally, if the landlord decides not to rent to an applicant after evaluating their information through a tenant screening service they must give an adverse action notice to the individual outlining why they were denied. This is required by the Fair Credit Reporting Act. (RCW § 19.182)
Source: RCW § 59.18.257, Fair Credit Reporting Act.
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SECTION 7
The legal foundation pertaining to early breakage and lease terminations is outlined in RCW § 59.18.352 and RCW § 59.18.354, which are explicitly part of the Washington Landlord-Tenant Act.
Here are some of the situations where tenants can legally break a lease agreement in Washington.
Federal law gives tenants the right to break a lease if they signed it before going into active military service.
If a tenant wants to end a tenancy for military reasons, they must notify the landlord in writing. Even if the next rent due date is several months before the lease expires, the tenancy will end 30 days after the notification is mailed or delivered.
A court would likely determine that a tenant has been "constructively evicted" if the landlord fails to provide habitable housing in accordance with local and state housing codes. This implies that the landlord has effectively "evicted" the tenant by providing unlivable housing, and as a result, the tenant is no longer obligated to pay rent.
(RCW § 59.18.100,.110,.115)
Tenants who are victims of domestic violence, unlawful harassment, or stalking may be eligible for an early termination under state law, subject to certain requirements being fulfilled (such as the tenant reporting the domestic violence or other act to law enforcement or another qualified third party). (RCW § 59.18.575)
In the event that a landlord consistently infringes upon a tenant’s privacy rights, or takes actions such as removing doors or windows, disconnecting utilities, or changing the locks, the tenant will be deemed to have been "constructively evicted," as previously mentioned; this will typically excuse the tenant from breaking the terms of the lease without having to pay additional rent.
In Washington, if a tenant violates any of the provisions of the lease or does anything that the Landlord-Tenant Laws specify calls for termination, the landlord has the authority to terminate the agreement.
Landlord-tenant laws in Washington state require written notice in certain situations in order to terminate certain lease agreements.
For example, in order to legally terminate a month-to-month lease, landlords must give at least a 20 days' written Washington notice to quit, and tenants must give at least 20 days' written notice before the end of the rental period.
In fixed-term leases, written notice is usually required 20 days prior to the lease's expiration date.
A breach of these notice provisions could result in legal disputes.
Source:War and National Defense Servicemembers Civil Relief Act, Washington Landlord-Tenant Act.
SECTION 8
Here are some of the Washington HOA laws that govern the creation and operation of HOAs in the state.
In Washington, the WUCIOA is in charge of overseeing homeowners' associations. All common interest communities, including planned developments and condominiums, are covered by this act.
It describes the rules for the creation, conduct, and administration of these kinds of organizations and was passed into law in 2018. Furthermore, it manages issues like association governance, evaluations, operational responsibilities, and conflict resolution.
The Washington Condominium Act regulates condominiums in Washington. It was enacted in 1990 and sets down the rules that govern the creation, upkeep, and management of condominiums.
The act outlines the requirements for condominium incorporation, outlines the responsibilities and rights of homeowners, and governs association operations.
The Washington State Civil Rights Act safeguards the right to equitable access to all accessible homes. It forbids discrimination on the grounds of national origin, race, color, religion, gender, sexual orientation, family status, and handicap.
There are additional federal laws that you should be aware of in addition to the state ones that were previously discussed. Among these is the federal flag display statute. This law establishes guidelines for flying the American flag, which are outlined in the United States Flag Code.
It covers topics including proper handling, treating others with decency, and when flags should be flown. This statute prohibits HOAs from prohibiting or limiting the flying of the US national flag.
Sources:
SECTION 9
According to Washington squatter rights law, someone who has resided on a piece of land for an extended period of time is eligible to become the legal owner. In this instance, they had to have moved into the apartment and remained there for a minimum of ten years straight.
Squatters who wish to obtain legal rights to property may file an adverse possession claim, but in order to do so, they must fulfill a number of prerequisites, which include the following:
In order to establish adverse possession through legal action, a squatter must demonstrate hostile occupation. It need not, however, be aggressive or imply any threat.
In addition, if squatters intend to assert adverse possession, they cannot conceal the fact that they have moved into the property and are residents. It should be obvious to anyone—including a landlord—that someone has squatted on the unit if they make a sincere attempt to find out its status.
Similar to other states, squatters need to provide proof of their present residence and use of the land by keeping track of any renovations or beautifying projects they carry out.
Washington, however, has a slightly different statute. If someone has lived on forestland and intends to file an adverse possession claim, they will need to spend more than $50,000 on significant modifications.
Squatters in this state, contingent on occupancy conditions, have two choices for demonstrating continuous possession. If they have resided in the apartment for ten years straight, they are eligible to file an adverse possession claim. The time is seven years for those who have paid property taxes and hold the color of title.
Legal action to acquire legal ownership of a property is only possible for squatters who have not cohabitated with landlords, renters, or other squatters.
Unapproved tenant is liable for rent for the time he/she occupied the dwelling and must turnover the premise immediately at the demand of the owner. (RCW §§ 59.04.050)
Sources: RCW Section 9A.52.105, RCW Section 9A.52.115, Squatters | Clark County Washington.
SECTION 10
Below, you’ll find some helpful Washington landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
