Landlord/Tenant Rights

This pamphlet was prepared as a public service by the Washing-

ton State Bar Association. It contains general information and is

advice or have questions about the application of the law in a

particular matter, you should consult a lawyer.

Lawyer Referral Service

Clark County 360-695-0599

King County 206-267-7010

Kitsap County 360-373-2426

Lewis County 360-748-0430

Pierce County 253-383-3432

Snohomish County 425-388-3018

Washington State Bar Association

1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539

800-945-WSBA • 206-443-WSBA

[email protected] • www.wsba.org

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Landlord/Tenant

Rights

• Housing Rights Protection

• Rental Agreement

• Rental Precaution

• Rent Increase

• Termination of a Tenancy

• Deposit Requirement

• Landlord Obligations

• Tenant Obligations

• Upkeep and Repairs

• Withholding Rent for Repairs

• Insurance

• Pets

• Right of Entry

• Eviction

• Prohibited Eviction

• Settlement of Disputes

Consumer Information Published in the Public Interest

by the Washington State Bar Association

Upkeep and Repairs

building codes and local ordinances; common areas must be kept

clean and safe; facilities and appliances must be in reasonably good

working order. Damage caused by weather, acts of God (such as

earthquakes and accidents), or damage caused by unknown third

parties are generally the responsibility of the landlord.

A tenant has certain responsibilities to keep the unit clean and

safe, and may not deliberately or negligently destroy, damage, or

remove any part of the premises and must notify the landlord (in

writing) when major repairs are needed.

are beyond the landlord’s control, the landlord has a certain amount

of time to make repairs:

• 24 hours to restore lost heat or water or remedy a condition that is

imminently hazardous to life;

• 24 hours to provide hot or cold water, heat, or electricity;

•

landlord, the refrigerator, range, and oven;

• not more than 10 days for other repairs.

Withholding Rent for Repairs

Except for the limited right to make minor repairs and deduct their

cost from the rent, a tenant has no right to withhold rent. The cost

per repair may not exceed certain limits and reasonable notice to

the landlord is required.

Insurance

Unless the rental agreement provides otherwise, the tenant has no

obligation to insure the premises. However, tenants should consider

purchasing renter’s insurance on personal property and liability

insurance for claims by third parties (such as guests) for personal

injuries occurring on the premises, since the landlord’s insurance

covers only the property.

Pets

Landlords may prohibit pets or establish their own rules or restrictions

pertaining to pets. For example, landlords may require references and

extra fees to cover special cleaning.

Right of Entry

In general, with tenant consent, a landlord has a right of entry to

inspect the premises; make repairs; supply necessary or agreed

services; or show the property to potential tenants, purchasers, or

contractors. Entry is limited to reasonable times, and two days’ notice

of intent to enter is required. A landlord may enter the premises without

the tenant’s consent if an emergency or abandonment occurs, or if the

landlord obtains a court order. A landlord may not abuse his or her right

of access to the premises to harass a tenant.

Eviction

The action by a landlord to remove a tenant from a rental unit is known

as an eviction or an “unlawful detainer.” Some local housing codes

be followed.

In an eviction based on nonpayment of rent, a tenant may assert

any claim for money owed the tenant by the landlord. The tenant’s

claim (sometimes known as an equitable defense or setoff) must be

related to the tenancy, such as the tenant’s payment of a gas bill that

was the landlord’s responsibility under the rental agreement. In evic-

tion actions strict rules and procedures must be observed. Generally,

a legal eviction process involves:

• Proper notice. Before evicting a tenant, the landlord must serve the

required eviction notices using proper procedures.

• Filing of a lawsuit. If the tenant fails to move out, a lawsuit must be

• Entitlement to a court hearing. If the tenant disputes the reasons for

the eviction, the tenant is entitled to a court hearing.

•

Sheriff’s involvement. If the tenant loses the court hearing, the sheriff

would then be ordered to physically evict a tenant and remove the

property in the unit. Only the sheriff, not the landlord, can physically

remove a tenant who does not comply with an eviction notice and only

• Liability for attorneys’ fees. In an eviction dispute, the successful

party is entitled to recoup costs and attorney fees.

Prohibited Eviction

Landlords are generally prohibited from locking a tenant out of the

premises, from taking a tenant’s property for nonpayment of rent

(except for abandoned property under certain conditions), or from

intentionally terminating a tenant’s utility service. Various penalties

exist for violating these protections.

Retaliatory evictions are also illegal. A landlord may not terminate a

tenancy or increase rent or change other terms of the rental agreement

to retaliate against a tenant who asserts his or her rights under the

Landlord-Tenant Act or

reports

violations of housing codes or ordinances.

Settlement of Disputes

The landlord and tenant may agree to arbitration, asking a neutral party

to settle the dispute. The process is usually quick and inexpensive, with

the administrative fee shared equally unless otherwise allocated by the

arbitrator. Landlord-tenant problems can also be resolved through informal

mediation. In mediation, a third person intervenes between two disputing

parties in an effort to reach an agreement, compromise or reconciliation.

Intended to settle a dispute quickly and inexpensively, mediation can be

requested by either a

landlo

rd or tenant and may be available without

tion process, the parties may pursue legal remedies.

For a copy of the Landlord-Tenant Act or referrals to low-cost dispute

Attorney General at 800-551-4636.

Housing Rights Protection

Various federal, state, and local laws and

ordinances protect housing rights. The Fed-

eral Fair Housing Act of 1968 makes it illegal

for a landlord to discriminate because of a

person’s race, sex, national origin, or religion.

Some local laws forbid discrimination on the

basis of age, marital status, physical and mental disability, personal

appearance, sexual preference, family responsibilities, political af-

liation, prior arrest or conviction record, source of income, or others.

Washington has a Residential Landlord-Tenant Act (RCW

59.18), which denes the minimum duties of landlords and tenants

of residential dwellings. These laws also impose certain restric-

tions and provide remedies if one party fails to carry out a duty.

The remedies include eviction, reduced rent, self-help repairs, the

right to sue for money damages, and an award of attorneys’ fees

to the successful party. Generally, the provisions of the act may

not be waived by the landlord or tenant.

Housing codes and other local ordinances have also been

enacted in many communities to set minimum standards for living

conditions and to further regulate landlords’ and tenants’ rights and

duties. For example, the City of Seattle requires disclosure of specic

information and prohibits certain lease provisions. For information

on local ordinances, contact the city council, city attorney, or other

ofcial where you live.

Landlords and tenants of mobile homes are subject to the rules

of the Mobile Home Landlord-Tenant Act (RCW 59.20); a summary of

this act is available from the Washington State Ofce of the Attorney

General by calling at 800-551-4636.

Rental Agreement

When a landlord and tenant agree to the terms for the rental of prop-

erty, whether orally or in writing, a tenancy is created. The agreement

between the landlord and tenant governing the tenancy is called a

lease or a rental agreement. It establishes a tenant’s right to use

property for a specied length of time in exchange for payment of rent.

The property owner is called the “landlord” or “lessor.” The person

who is entitled to occupy property is called the “tenant” or “lessee.”

As with any contract, the rental agreement should be in writing to

avoid misunderstandings and should contain all the terms agreed to by

the parties. Before you enter into a rental agreement, you should read

it carefully and discuss all of the terms and make sure any questions

you have are answered. Any changes to the lease should be marked

on the document and initialed by both parties.

The most common type of tenancy is a periodic tenancy — for ex-

ample, a week-to-week or month-to-month tenancy. A periodic tenancy

is automatically renewed unless either the landlord or the tenant gives

written notice to terminate the tenancy at least 20 days prior to the

end of the month. The tenancy cannot be terminated in the middle of

any month unless the landlord agrees. Similarly, the landlord cannot

terminate the tenancy except at the end of the month and only after

twenty 20 days’ prior written notice to the tenant.

Another type of tenancy, usually called a “tenancy for a specic term,”

is for a denite period of time, for example, a lease for one year. This type

of agreement must be in writing and, if for longer than a one-year term,

the signatures of the landlord and tenant must be notarized. The tenancy

automatically terminates at the end of the specied rental period. Neither

the rent nor the other rules of the tenancy may be changed during the

specied period, except by agreement of both the landlord and the ten-

ant. Except in particular circumstances like a major breach of the lease

by the landlord, the tenant cannot break a lease.

Rental agreements for furnished homes or apartments should

contain a detailed inventory of furniture or other personal property,

along with a description of the condition of each item.

The rental agreement should cover all of the specics of the ar-

rangements, including who is responsible for utility charges, upkeep,

repairs, or alterations.

Just because something is agreed to in a lease does not necessarily

mean it is enforceable by the landlord. Some clauses may be illegal,

such as a waiver of rights under the Residential Landlord-Tenant Act, or

limitations on the landlord’s liability for injury or damages.

Rental Precaution

Before renting property, a tenant should inspect the dwelling to be sure

it meets his or her needs and is in acceptable condition. Upon moving in,

make a list of all existing defects or damages, with both the landlord and

tenant signing and keeping a copy of this list. Any commitments made by

the landlord (such as a promise to make certain repairs) should be written

into the lease, and all blank spaces should be lled in or crossed out.

Rent Increase

If there is a lease for a specied period of time, the rules of the tenancy,

including the rent, may not be changed during that period. In the case

of a periodic tenancy (such as month-to-month rental agreement), the

rules, including the rent, may be changed upon 30 days’ written notice.

Rent increases cannot be in retaliation for the tenant’s assertion of his or

her lawful rights. The landlord may charge a late payment fee if the rental

agreement expressly provides for the charging of a late fee.

Termination of a Tenancy

In addition to the procedures to end a tenancy as previously explained, if a

landlord seriously violates his or her obligations under the rental agreement,

a tenant may be able to terminate the tenancy without liability.

A landlord must follow certain procedures to terminate a tenancy. To

terminate a periodic tenancy, a landlord must give at least 20 days’ written

notice prior to the end of the month. However, if the tenant violates his or

her obligations, for example, by failing to pay the rent, the landlord may

terminate the lease through eviction proceedings. When a tenant is being

evicted because of a rule excluding children or because of conversion to

condominiums, 90 days’ notice is required.

If either party wishes to terminate the lease because of violations of

the rental agreement by the other party, such action must comply with the

terms of the agreement and landlord-tenant laws. A tenant who breaks a

lease and moves without giving proper notice may be responsible for the

rent for the balance of the term, and the landlord must make a reasonable

effort to relet the premises in order to mitigate (or reduce) the damages.

The liability and duties of each party vary depending on the terms of the

rental agreement.

Deposit Requirement

A landlord may require a deposit to ensure that the tenant takes care of

the unit and complies with the terms of the rental agreement. Deposit

requirements cannot be discriminatory, nor may a deposit be increased

to retaliate against a tenant. A nonrefundable fee cannot be called a

“deposit.” A refundable damage or security deposit must be distinguished

from nonrefundable cleaning fees.

If a deposit or nonrefundable fee is charged, the lease or rental

agreement must be in writing, and must include the terms and conditions

under which any deposit will be returned. A deposit cannot be withheld for

normal wear and tear. If a tenant pays a deposit, the landlord must provide

a document describing the condition of the rental unit. The landlord is

required to keep deposits in a trust account, and must also provide the

tenant with a receipt and the name and address of the depository. Any

interest earned on a deposit belongs to the landlord.

The landlord has 14 days after a tenant moves out to return a deposit,

or give a written explanation of why it (or any part of it) was not refunded.

If a landlord does not comply, the full amount of the deposit must be

refunded to the tenant, regardless of any claims by the landlord that the

tenant is not entitled to a refund.

Landlord Obligations

The landlord must provide and maintain the rental property, and must obey

the rules of the rental agreement. The landlord (or his or her representative)

must be accessible to the tenant and must:

• keep the premises up to code;

• maintain the roof, walls, and structural components;

• keep common areas reasonably clean and safe;

• provide a reasonable program for control of pests;

• provide necessary facilities to supply heat, electricity, and hot and

cold water;

• provide reasonably adequate locks;

• maintain appliances furnished with the rental unit; and

• comply with any duties imposed by local laws.

The landlord may not knowingly rent property that is condemned. If

a landlord fails to perform his or her duties, three types of remedies may

be available to the tenant:

1. The right to terminate the rental agreement and move out after giving

written notice to the landlord.

2. The right to initiate litigation or arbitration proceedings.

3. The right to make limited repairs and deduct their cost from the rent.

In general, before exercising any of the Landlord-Tenant Act’s rem-

edies, the tenant: (1) must be current in rent payments, and (2) must give

the landlord written notice of the defective condition.

Tenant Obligations

The tenant must:

• pay rent;

• keep the premises clean and sanitary;

• not damage or permit damage to the unit;

• dispose of garbage;

• properly use xtures and appliances;

• restore the property to its initial condition, except for normal wear

and tear at the end of the term; and

• comply with the rental agreement.

If the tenant fails to perform his or her duties, the landlord may

seek to evict the tenant. If a tenant fails to maintain the premises,

the landlord may:

• evict the tenant;

• make repairs and bill the tenant; and/or

• sue the tenant for damages or to force compliance with the rental

agreement.