Seattle Rental Group Tenant Information Packet

Important

Information For Our Tenants

In the following pages, you’ll find answers to many of the questions that come up during the process of renting a property in the state of Washington as well as some handouts, pamphlets and useful links. Much of the information here is vital for you to know, and we highly suggest that you read this document as soon as you can.

Should you have a question that isn’t answered here, please don’t hesitate to reach out to us.

Welcome to your new home!

Regards,

The Team at Seattle Rental Group

Table of Contents

Pages 2 - 3

Page 4

Page 4

Page 5

Prior to Renting

During Tenancy

After Tenancy

Other Useful Information

Page 6 Federal Fair Housing Flyer

Pages 7

Pages 8 - 11

Pages 12 - 16

Pages 17 - 32

Pages 33 - 52

Pages 53 - 112

Pages 113 - 124

Pages 125 - 140

Pages 141 - 170

Seattle Fair Housing Flyer

Law of Real Estate Agency

Smoke and Carbon Monoxide Handout

Lead Based Paint Disclosure

Mold, Moisture and Your Home Disclosure

City of Seattle Renter Handbook

City of Auburn Renter Handbook

City of Burien Renter Handbook

City of Tacoma Renter Handbook

Prior to Renting

1. How do I obtain keys on my move-in date?

We’ll meet you on your move-in day to provide you with the keys and get you situated in the property. Some condominiums will have orientations and move-in reservations that need to be made in advance, so contact numbers for the property managers or concierge staff will be provided to you upon signing the lease. Please note: some buildings won’t allow you to move in without prior arrangement, so please make sure to follow up as needed!

2. When should I set up my electricity, garbage collection and other utility accounts?

Below you’ll find contact info for our local utility companies. Any special instructions regarding your utilities will be outlined in your lease agreement. If you’re living within the city of Seattle, we’ll also give you a Seattle City Light application to fill out and sign so that we can have your landlord sign and fax the form in prior to occupancy.

City of Seattle

Electricity: Seattle City Light - 206-684-3000

Water/Sewer: Seattle Public Utilities - 206-684-3000

Garbage/Yard Waste: Seattle Public Utilities - 206-684-3000

Gas: Puget Sound Energy - 888-225-5773

City of Bellevue

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Bellevue Utilities - 425-452-6973

Garbage/Yard Waste: Republic Services - 425-452-5762

City of Kirkland

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Kirkland City Utilities - 425-587-3150

Garbage/Yard Waste: Kirkland City Utilities - 425-587-3150

City of Mercer Island

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Mercer Island Utilities - 206-275-7783

Garbage/Yard Waste: Republic Services - 425-452-5762

City of Redmond

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Redmond Utilities - 425-556-2152

Garbage/Yard Waste: Waste Management - 800-592-9995

City of Issaquah

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Issaquah Utilities - 425-837-3050

Garbage/Yard Waste: Republic Services - 425-452-5762

City of Sammamish

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Sammamish Plateau WaterGarbage/Yard Waste: Waste Management - 800-592-9995

City of Tacoma

Electricity/Gas: Tacoma Power - 253-502-8600

Water/Sewer: Tacoma Water - 253-502-8600

Garbage/Yard Waste: Solid Waste Mgmnt - 253-502-2100

City of Kenmore

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Northshore Utility - 425-398-4400

Garbage/Yard Waste: Waste Management - 800-592-9995

City of Mill Creek

Electricity/Gas: Puget Sound Energy - 888-225-5773

Water/Sewer: Silverlake Water & Sewer - 425-337-3647

or Alderwood Water & Sewer - 425-743-4605

Garbage/Yard Waste: Waste Management - 800-592-9995

3. What companies offer high speed Internet and cable TV at my new home?

High speed Internet service providers vary based on your specific neighborhood and condominium building. Here are the primary providers for our area. Please ask us if you need help figuring out which company covers your new residence.

Xfinity - 877-824-2288

Wave Broadband - 844-325-1568

Cascade Link - 206-774-3660

CenturyLink - 866-863-6665

Frontier - 844-490-5954

Seattle office: 3509 Fremont Ave N #300 - Seattle WA 98103

Phone: 206-315-4628

© Pointe3 Real Estate LLC v01.03.24

Verizon FIOS - 877-585-7951

Dish Network - 855-775-2923

4. Where else do I need to register?

Remember to contact the WA State Department of Licensing to update your driver’s license address, as well as the State of Washington to update your voter registration address and district. If you haven’t secured renters insurance yet, please do so ASAP. If you need a referral to a renters insurance company, let us know.

5. What is the Property Condition Addendum?

At lease signing, we’ll provide you with a move-in checklist called the Property Condition Addendum. To avoid potential disagreements with your landlord when you move out, it’s very important that you thoroughly inspect each room at move-in for any existing damages so that you won’t be held responsible for them. When you move-in, you’ll have 48-hours to document any existing damages on the Addendum, and return the completed form to us. Here are a couple basic steps we recommend:

o Walk through each room, noting the condition of ceilings, walls, woodwork, windows, floors and carpeting.

o Check the condition of all appliances, built-ins, electrical outlets and bathroom fixtures.

o Check drainage of sinks, tubs and toilets. Note any missing or broken components.

o Test air conditioning and heating units for correct operation.

o Take pictures to document the condition of the property

o Document all keys/fobs/remotes given to you at move-in.

During your Lease

1. How do I pay my rent?

On page 5 of your lease agreement, you’ll find the specific instructions on how to pay your rent. Please remember that rent is due on the date specified in your lease, and is subject to a late fee should you not pay it on time. If you have any questions about making payments or due dates, please let us know.

2. Who do I contact if there’s a maintenance issue?

At move-in, we’ll give you the contact info for the person to reach out to if you have any issues within your property during your lease term Depending on the service that your landlord has set up with us, your landlord may be your primary contact, or we at Seattle Rental Group may be your primary contact.

3. What do I do when my lease is about to expire?

We’ll reach out to you three months prior to your lease expiration to check in with you. If you’d like to renew your lease, we recommend reaching out at least 30 days’ prior to your lease termination. If you wish to vacate at the end of your lease, you must give at least 30 days’ written notice prior to the lease expiration date. If you’re on a month to month tenancy, you must give 20 days’ written notice prior to the end of any given month if you intend to vacate the premises at the end of that month. If proper notice is not given, you may be responsible for the following month’s rental payment. If you occupy the property past the lease expiration date without a lease renewal contract in place, and your landlord accepts and deposits the following month’s rental payment from you, then your lease automatically converts to a month-to-month agreement - in this scenario, at least 20 days’ notice is also required to terminate.

4. What’s the protocol if I have to break my lease?

If you must break your lease during the lease term, you must first notify your landlord. As per the Washington State Landlord Tenant Laws (RCW 59.18.310) and your lease agreement, you’re responsible for paying rent until the time a new tenant takes possession as well as any costs associated with re-renting the property. Your landlord currently uses a professional company to lease their property at the cost equivalent to one month’s rent. Should you need to break your lease, your costs will include, but are not limited to, a fee equivalent to one month’s rent.

After Tenancy

1. What are my responsibilities when I leave the property?

When you’re vacating the property, you’re responsible for leaving it in the same condition as when you moved in, less normal wear and tear. Here are a couple of suggestions that we have to help get the property back to move-in condition:

o Remove ALL items from the property, including anything in the storage and/or parking spaces.

o Professionally clean all the carpets and provide a copy of the receipt to your landlord.

o Repair any holes using drywall mud only (no spackle) and touch-up paint, if needed

o Hire a cleaning company to “deep clean” the property upon vacating. (You are more than welcome to clean yourself, but please beware that the definition of “clean” differs fro m person to person!)

o Address and repair or replace any items damaged during the duration of the lease. If you don’t have the resources or time for the repair, please let us know so that the issue can be addressed in a timely matter.

o Make sure to return ALL keys/remotes/fobs. If you don’t, you may be responsible for replacement costs.

o Notify the appropriate utility companies that you’ll be vacating the property. It’s important to let them all know within a week of vacating, otherwise you may incur additional charges in your name.

o Sign up for a mail-forwarding service.

2. What does ‘normal wear and tear’ mean?

Damage versus normal wear and tear is often a point of disagreement between landlords and tenants. Below are examples of what the courts often distinguish as normal wear and tear versus damage:

Wear & Tear

o Worn out keys

o Loose or stubborn door lock

o Loose hinges or handles on doors

o Worn carpeting

o Carpet seam unglued

o Slightly scuffed wood floors

o Linoleum worn thin

o Worn countertop

o Water damage (not caused by tenant negligence)

o Plaster cracks from settling

o Faded, chipped or cracked paint

o Loose wallpaper

o Faded curtains and drapes

o Dirty window or door screens

o Sticky window

o Loose or inoperable faucet handle

o Closet bi-fold door off track

3. When should I expect to get my security deposit back?

Damages

o Lost keys

o Broken or missing locks

o Damage to a door from forced entry

o Torn, stained or burned carpeting

o ALL stains on carpet

o Scratched or gouged wood floors

o Linoleum with tears or holes

o Burns and cuts in countertop

o Water damage (caused by tenant negligence)

o Holes in walls

o Unapproved painting

o Ripped or marked-up wallpaper

o Torn or missing curtains, or blinds with bent slats

o Torn or missing screens

o Broken window

o Broken or missing faucet handle

o Damaged or missing bi-fold door

o Smoke, urine or pet odor

Upon vacating, make sure to give us your new address! You should expect to receive a statement and/or a deposit refund check within 21 days of the last day of your lease. If you have roommates, the refund check will be made out to all the tenants listed on the lease and sent to a mutually agreed upon address. For additional info, please consult the Landlord Tenant Laws (RCW 56.18.280) or give us a call

Seattle office: 3509 Fremont Ave N #300 - Seattle WA 98103

Phone: 206-315-4628

Other Useful Information

Below you’ll find the following pamphlets:

o US Dept of Housing & Urban Development’s Fair Housing flyer

o City of Seattle Fair Housing flyer

o Washington State Law of Agency

o City of Seattle Smoke Alarm & Carbon Monoxide Information Sheet

o Environmental Protection Agency’s Protect Your Family From Lead In Your Home pamphlet (for homes built in 1978 or prior)

o Environmental Protection Agency’s A Brief Guide to Mold, Moisture & Your Home pamphlet

o City of Seattle Renter Handout

For the current Washington State Landlord Tenant Act, please click here.

Should you have any additional questions that weren’t answered within this handout, please don’t hesitate to reach out to us.

Seattle office: 3509 Fremont Ave N #300 - Seattle WA 98103

Phone: 206-315-4628

© Pointe3 Real Estate LLC v01.03.24

SeattleRentalGroup.com

info@seattlerentalgroup.com

EQUAL HOUSING OPPORTUNITY

We Do Business in Accordance With the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988)

It is illegal to Discriminate Against Any Person Because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin

In the sale or rental of housing or residential lots

In advertising the sale or rental of housing

In the financing of housing

Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination:

1-800-669-9777 (Toll Free)

1-800-927-9275 (TTY)

www.hud.gov/fairhousing

In the provision of real estate brokerage services

In the appraisal of housing Blockbusting is also illegal

U.S. Department of Housing and Urban Development

Assistant Secretary for Fair Housing and Equal Opportunity

Washington, D.C. 20410

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Race

Color

Ancestry

Sex

Creed

Religion

Age Retaliation

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Marital

Political ideology

Parental status

Sexual orientation

Gender

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♦

Military

RE AL ES T A TE B R OKE RA GE I

Introduction

This pamphlet provides general information about real estate brokerage and summarizes the laws related to real estate brokerage relationships. It describes a real estate broker’s duties to the seller/landlord and buyer/tenant. Detailed and complete information about real estate brokerage relationships is available in chapter 18.86 RCW.

If you have any questions about the information in this pamphlet, contact your broker or the designated broker of your broker’s firm.

Licensing and Supervision of Brokers

To provide real estate brokerage services in Washington, a broker must be licensed under chapter 18.85 RCW and licensed with a real estate firm, which also must be licensed. Each real estate firm has a designated broker who is responsible for supervising the brokers licensed with the firm. Some firms may have branch offices that are supervised by a branch manager and some firms may delegate certain supervisory duties to one or more managing brokers.

The Washington State Department of Licensing is responsible for enforcing all laws and rules relating to the conduct of real estate firms and brokers.

Agency Relationship

In an agency relationship, a broker is referred to as an “agent” and the seller/landlord and buyer/tenant is referred to as the “principal.” For simplicity, in this pamphlet, seller includes landlord, and buyer includes tenant.

For Sellers

A real estate firm and broker must enter into a written services agreement with a seller to establish an agency relationship. The firm will then appoint one or more brokers to be agents of the seller. The firm’s designated broker and any managing broker responsible for the supervision of those brokers are also agents of the seller.

For Buyers

A real estate firm and broker(s) who perform real estate brokerage services for a buyer establish an agency relationship by performing those services. The firm’s designated broker and any managing broker responsible for the supervision of that broker are also agents of the buyer. A written services agreement between the buyer and the firm must be entered into before, or as soon as reasonably practical after, a broker begins rendering real estate brokerage services to the buyer.

For both Buyer and Seller - as a Limited Dual Agent

A limited dual agent provides limited representation to both the buyer and the seller in a transaction. Limited dual agency requires the consent of each principal in a written services agreement and may occur in two situations:

(1) When the buyer and the seller are represented by the same broker, in which case the broker’s designated broker and any managing broker responsible for the supervision of that broker are also limited dual agents; and (2) when the buyer and the seller are represented by different brokers in the same firm, in which case each broker solely represents the principal the broker was appointed to represent, but the broker’s designated broker and any managing broker responsible for the supervision of those brokers are limited dual agents.

Duration of Agency Relationship

Once established, an agency relationship continues until the earliest of the following:

1. Completion of performance by the broker;

2. Expiration of the term agreed upon by the parties;

3. Termination of the relationship by mutual agreement of the parties; or

4. Termination of the relationship by notice from either party to the other. However, such a termination does not affect the contractual rights of either party.

Written Services Agreement

A written services agreement between the firm and principal must contain the following:

1. The term (duration) of the agreement;

2. Name of the broker(s) appointed to act as an agent for the principal;

3. Whether the agency relationship is exclusive (which does not allow the principal to enter into an agency relationship with another firm during the term) or nonexclusive (which allows the principal to enter into an agency relationship with multiple firms at the same time);

4. Whether the principal consents to limited dual agency;

5. The terms of compensation;

6. In an agreement with a buyer, whether the broker agrees to show a property when there is no agreement or offer by any party or firm to pay compensation to the broker’s firm; and

7. Any other agreements between the parties.

A Broker’s Duties to All Parties

A broker owes the following duties to all parties in a transaction:

1. To exercise reasonable skill and care;

2. To deal honestly and in good faith;

3. To timely present all written offers, written notices, and other written communications to and from either party;

4. To disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party. A material fact includes information that substantially adversely affects the value of the property or a party’s ability to perform its obligations in a transaction, or operates to materially impair or defeat the purpose of the transaction. However, a broker does not have any duty to investigate matters that the broker has not agreed to investigate;

5. To account in a timely manner for all money and property received from or on behalf of either party;

6. To provide this pamphlet to all parties to whom the broker renders real estate brokerage services and to any unrepresented party;

7. To disclose in writing who the broker represents; and

8. To disclose in writing any terms of compensation offered by a party or a real estate firm to a real estate firm representing another party.

A Broker’s Duties to the Buyer or Seller

A broker owes the following duties to their principal (either the buyer or seller):

1. To be loyal to their principal by taking no action that is adverse or detrimental to their principal’s interest in a transaction;

2. To timely disclose to their principal any conflicts of interest;

3. To advise their principal to seek expert advice on matters relating to the transaction that are beyond the broker’s expertise;

4. To not disclose any confidential information from or about their principal; and

5. To make a good faith and continuous effort to find a property for the buyer or to find a buyer for the seller’s property, until the principal has entered a contract for the purchase or sale of property or as agreed otherwise in writing.

Limited Dual Agent Duties

A limited dual agent may not advocate terms favorable to one principal to the detriment of the other principal. A broker, acting as a limited dual agent, owes the following duties to both the buyer and seller:

1.To take no action that is adverse or detrimental to either principal’s interest in a transaction;

2.To timely disclose to both principals any conflicts of interest;

3.To advise both principals to seek expert advice on matters relating to the transaction that are beyond the limited dual agent’s expertise;

4.To not disclose any confidential information from or about either principal; and

5.To make a good faith and continuous effort to find a property for the buyer and to find a buyer for the seller’s property, until the principals have entered a contract for the purchase or sale of property or as agreed otherwise in writing.

Compensation

In any real estate transaction, a firm’s compensation may be paid by the seller, the buyer, a third party, or by sharing the compensation between firms. To receive compensation from any party, a firm must have a written services agreement with the party the firm represents (or provide a “Compensation Disclosure” to the buyer in a transaction for commercial real estate).

A services agreement must contain the following regarding compensation:

1.The amount the principal agrees to compensate the firm for broker’s services as an agent or limited dual agent;

2.The principal’s consent, if any, and any terms of such consent, to compensation sharing between firms and parties; and

3.The principal’s consent, if any, and any terms of such consent, to compensation of the firm by more than one party.

Short Sales

A “short sale” is a transaction where the seller’s proceeds from the sale are insufficient to cover seller’s obligations at closing (e.g., the seller’s outstanding mortgage is greater than the sale price). If a sale is a short sale, the seller’s real estate firm must disclose to the seller that the decision by any beneficiary or mortgagee, to release its interest in the property for less than the amount the seller owes to allow the sale to proceed, does not automatically relieve the seller of the obligation to pay any debt or costs remaining at closing, including real estate firms’ compensation.

Smoke and Carbon Monoxide Alarms in Residences and Family Home Day Care

Updated September 22, 2014

This Tip and the Seattle Residential Code apply to detached single-family houses, duplexes, family home day cares, and townhouses not more than three stories in height. When we use the term, “residence” in this Tip, we mean both single- and multi- family dwellings. This Tip describes the requirements for smoke and carbon monoxide alarms in residences and in home day cares.

References

„ SRC refers to the Seattle Residential Code (International Residential Code with Seattle amendments).

„ SBC refers to the Seattle Building Code (International Building Code with Seattle amendments).

„ SFC refers to the Seattle Fire Code.

„ RCW refers to the Revised Code of Washington. Smoke and carbon monoxide alarms are important safety devices. When installed and used correctly, they can save us from the dangers of fire and from carbon monoxide poisoning. Smoke alarms are important in alerting sleeping people to a fire. Carbon monoxide alarms alert us to the presence of carbon monoxide in our homes. Smoke and carbon monoxide alarms must be located and operated so they are effective both in detecting smoke and carbon monoxide and alerting residents.

When Smoke Alarms Are Required

The Seattle Residential Code (SRC) Section R314 requires smoke alarms to be installed in all new construction of single- and multi- family residences, including townhouses and duplexes, in all home day cares, and in many existing residences, too. State law also requires all existing rental units to have smoke alarms. Every home must have smoke alarms when sold.

All smoke alarms in new homes must be powered by the home’s electrical system with a battery backup. All the smoke alarms in the home must be interconnected so that they all will sound if one of them detects smoke.

Smoke alarms must be added throughout an existing home when a bedroom is added, or when other interior work requiring a permit occurs. If you do not remove interior finishes when you remodel an existing home, and there is no available attic or basement access, these new alarms may be battery operated and function separately from one another.

Where to Put Smoke Alarms

The general rule is that smoke alarms must be installed in every bedroom, outside every bedroom, and on every level of the residence. A smoke alarm is required on each story of a residence, including the basement. When a story is split into different levels, an additional smoke alarm must be installed on the upper level. Although not required, it is good policy to place additional smoke alarms in any areas where someone might fall asleep.

Figures A-D below show several typical smoke alarm installations which meet these requirements.

Where to Locate Smoke Alarms Within Rooms

A smoke alarm may be installed anywhere in a bedroom. In a hallway, a smoke alarm must be located centrally outside all bedrooms. When a bedroom is on an upper floor, the hallway smoke alarm should be placed near the top of the stairs.

Special Considerations

A smoke alarm is normally installed on a ceiling or high on a wall, with the top of an alarm not closer than 4 inches or further than 12 inches from the ceiling. Sometimes, a smoke alarm should be placed on a wall instead of a ceiling. For example, in a room with a steeply sloping ceiling, the smoke alarm should be installed on a wall near the highest point of the ceiling within 3 feet of its peak. If there is a big temperature difference between a room’s ceiling and the room itself, this temperature difference can prevent the smoke from getting to the alarm. This can occur when a ceiling is directly under a roof with little or no insulation or when a ceiling has radiant heating. Placing a smoke alarm on the wall avoids this problem.

A smoke alarm installed in a stairway must be located so that no doors or other obstructions, such as exposed beams, could prevent smoke from reaching the alarm. No smoke alarms may be mounted in front of an air supply duct, or between a bedroom and a furnace cold air return.

Figure D shows the acceptable area for a smoke alarm’s location. All smoke alarms should be installed in accordance with the manufacturer’s recommendations.

Smoke Alarms in Family Day Care Centers

In home day cares (home day care for 12 or fewer children), the basic rules are the same as for residences. An additional smoke alarm must be mounted in any space where children may sleep or nap.

Duties of Tenants and Landlords

In a rental unit, both the tenant and the building owner have responsibilities for smoke alarms. The tenant must keep the alarms in good working order during the tenancy. The owner must install the alarms, inspect, test, and repair or replace smoke alarms when a rental unit becomes vacant, and instruct tenants on the purpose, operation, and maintenance of the devices.

The owner must provide a “Fire Safety and Protection Information” document to the tenant, according to state law RCW 59.18.060.11(a). At the time of a vacancy, the owner shall insure that the smoke alarm works before the rental unit is re-occupied.

Enforcement Procedures

Smoke alarm rules are enforced by the Seattle Fire Department (SFD) and the Seattle Department of Construction and Inspections (Seattle DCI). Failure of either a building owner or tenant to comply with these rules may result in a fine.

Figure A

Smoke alarms (indicated by stars) must be located in each bedroom, as well as the hallway adjacent to each sleeping area. The hallway smoke alarm must be in a position central to all the bedrooms. Homes with more than one sleeping area must have alarms to protect each area.

Figure B

A smoke alarm must be located on each story (including basements). Every bedroom must have its own smoke alarm. All smoke alarms must be interconnected to sound an alarm audible in all sleeping areas of the residence.

Figure C

In an efficiency apartment, the smoke alarm should be placed in the sleeping room on the wall or ceiling farthest from the kitchen and away from the bathroom. This reduces nuisance alarms from cooking and bath steam.

Figure D

Smoke alarms should be installed at least 4 inches away from corners in order to avoid dead air space that smoke won’t reach. On ceilings, the alarm should be mounted at least 4 inches from any side wall. On walls, the alarm should be mounted no closer than 4 inches from the ceiling and no farther than 12 inches, or according to manufacturer’s instructions.

Rules for Carbon Monoxide Alarms

Carbon monoxide is an odorless, colorless, and tasteless poisonous gas. Washington State law requires carbon monoxide alarms in most residential buildings, including single- and multi- family homes (RCW 19.27.530). The Seattle Building Code (SBC) and the Seattle Residential Code (SRC) have adopted and incorporated these requirements (SBC Section 908.7; SRC Section R315). Carbon monoxide alarms can be either stand-alone devices or a system that includes separate detection and alarm devices.

When Carbon Monoxide Alarms Are Required

Carbon monoxide alarms are required in all newly constructed residences including single-family and multifamily houses, townhouses, condominiums and duplexes. Each residential unit is required to have carbon monoxide alarms. Permit applications for alterations to existing single- and multi- family residences must show that the carbon monoxide alarms are already in place or include them as part of the project.

Existing owner-occupied single-family homes are exempt from the carbon monoxide alarm requirement, but the requirement for a carbon monoxide alarm is triggered with any building permit application for work on the home. Inspections are required for permits for interior alterations, repairs or new construction. Every home must have a carbon monoxide alarm when it is sold.

Where to Put Carbon Monoxide Alarms

Simply install the carbon monoxide alarms in the area right outside of each bedroom, with at least one alarm on each floor.

Carbon Monoxide Detection Systems

Carbon monoxide detection systems are allowed to be installed, but they are not required. If a carbon monoxide detection system is installed, it will be a considered a permanent fixture.

Additional Information

You may call either Seattle DCI or SFD with questions or for help in complying with these rules.

For information about the installation and maintenance of smoke alarms, or to obtain smoke alarms if you are low income, contact the SFD Public Education Section at (206) 386-1337, or visit its website at www.seattle. gov/fire

For information about the location of smoke and carbon monoxide alarms and other requirements in new or remodel construction, come to Seattle DCI’s Applicant Services Center at 700 5th Ave., 20th Floor.

For information about tenant and owner responsibilities, contact Seattle DCI Code Compliance Program/ Housing and Zoning Enforcement, at (206) 615-0808.

Access to Information

Links to electronic versions of Seattle DCI Tips, Director's Rules, and the Seattle Municipal Code are available on the "Tools & Resources" page of our website at www.seattle.gov/sdci. Paper copies of these documents, as well as additional regulations mentioned in this Tip, are available from our Public Resource Center, located on the 20th floor of Seattle Municipal Tower at 700 Fifth Ave. in downtown Seattle, (206) 684-8467.

Simple Steps To Protect Your Family From Lead Hazards

If you think your home has high levels of lead:

◆ Get your young children tested for lead, even if they seem healthy.

◆ Wash children’s hands, bottles, pacifiers, and toys often.

◆ Make sure children eat healthy, low-fat foods.

◆ Get your home checked for lead hazards.

◆ Regularly clean floors, window sills, and other surfaces.

◆ Wipe soil off shoes before entering house.

◆ Talk to your landlord about fixing surfaces with peeling or chipping paint.

◆ Take precautions to avoid exposure to lead dust when remodeling or renovating (call 1-800-424LEAD for guidelines).

◆ Don’t use a belt-sander, propane torch, high temperature heat gun, scraper, or sandpaper on painted surfaces that may contain lead.

◆ Don’t try to remove lead-based paint yourself.

Are You Planning To Buy, Rent, or Renovate a Home Built Before 1978?

Many houses and apartments built before 1978 have paint that contains high levels of lead (called leadbased paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly.

OWNERS, BUYERS, andRENTERS are encouraged to check for lead (see page 6) before renting, buying or renovating pre1978 housing.

Federal law requires that individuals receive certain information before renting, buying, or renovating pre-1978 housing:

LANDLORDS have to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure about lead-based paint.

SELLERS have to disclose known information on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure about lead-based paint. Buyers have up to 10 days to check for lead.

RENOVATORS disturbing more than 2 square feet of painted surfaces have to give you this pamphlet before starting work.

IMPORTANT!

Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly

FACT: Lead exposure can harm young children and babies even before they are born.

FACT: Even children who seem healthy can have high levels of lead in their bodies.

FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.

FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard.

FACT: Removing lead-based paint improperly can increase the danger to your family.

If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family.

Lead Gets in the Body in Many Ways

People can get lead in their body if they:

Childhood lead poisoning remains a major environmental health problem in the U.S.

◆ Breathe in lead dust (especially during renovations that disturb painted surfaces).

◆ Put their hands or other objects covered with lead dust in their mouths.

◆ Eat paint chips or soil that contains lead.

Lead is even more dangerous to children under the age of 6:

◆ At this age children’s brains and nervous systems are more sensitive to the damaging effects of lead.

Even children who appear healthy can have dangerous levels of lead in their bodies.

◆ Children’s growing bodies absorb more lead.

◆ Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.

Lead is also dangerous to women of childbearing age:

◆ Women with a high lead level in their system prior to pregnancy would expose a fetus to lead through the placenta during fetal development.

Lead’s Effects

It is important to know that even exposure to low levels of lead can severely harm children.

In children, lead can cause:

◆ Nervous system and kidney damage.

◆ Learning disabilities, attention deficit disorder, and decreased intelligence.

◆ Speech, language, and behavior problems.

◆ Poor muscle coordination.

◆ Decreased muscle and bone growth.

◆ Hearing damage.

While low-lead exposure is most common, exposure to high levels of lead can have devastating effects on children, including seizures, unconsciousness, and, in some cases, death.

Although children are especially susceptible to lead exposure, lead can be dangerous for adults too.

In adults, lead can cause:

◆ Increased chance of illness during pregnancy.

◆ Harm to a fetus, including brain damage or death.

Slowed Growth

Brain or Nerve Damage

Hearing Problems

Digestive Problems

Reproductive Problems (Adults)

◆ Fertility problems (in men and women).

◆ High blood pressure.

◆ Digestive problems.

◆ Nerve disorders.

◆ Memory and concentration problems.

◆ Muscle and joint pain.

Lead affects the body in many ways.

Where Lead-Based Paint Is Found

In general, the older your home, the more likely it has leadbased paint.

Many homes built before 1978 have leadbased paint. The federal government banned lead-based paint from housing in 1978. Some states stopped its use even earlier. Lead can be found:

◆ In homes in the city, country, or suburbs.

◆ In apartments, single-family homes, and both private and public housing.

◆ Inside andoutside of the house.

◆ In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.)

Checking Your Family for Lead

Get your children and home tested if you think your home has high levels of lead.

To reduce your child's exposure to lead, get your child checked, have your home tested (especially if your home has paint in poor condition and was built before 1978), and fix any hazards you may have. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age.

Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for:

◆ Children at ages 1 and 2.

◆ Children or other family members who have been exposed to high levels of lead.

◆ Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed.

Identifying Lead Hazards

Lead-based paint is usually not a hazard if it is in good condition, and it is not on an impact or friction surface, like a window. It is defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter, or more than 0.5% by weight.

Deteriorating lead-based paint (peeling, chipping, chalking, cracking or damaged) is a hazard and needs immediate attention. It may also be a hazard when found on surfaces that children can chew or that get a lot of wear-and-tear, such as:

◆ Windows and window sills.

◆ Doors and door frames.

◆ Stairs, railings, banisters, and porches.

Lead from paint chips, which you can see, and lead dust, which you can’t always see, can both be serious hazards.

Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vacuum, sweep, or walk through it. The following two federal standards have been set for lead hazards in dust:

◆ 40 micrograms per square foot (µg/ft2) and higher for floors, including carpeted floors.

◆ 250 µg/ft2 and higher for interior window sills.

Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. The following two federal standards have been set for lead hazards in residential soil:

◆ 400 parts per million (ppm) and higher in play areas of bare soil.

◆ 1,200 ppm (average) and higher in bare soil in the remainder of the yard.

The only way to find out if paint, dust and soil lead hazards exist is to test for them. The next page describes the most common methods used.

Checking Your Home for Lead

Just knowing that a home has leadbased paint may not tell you if there is a hazard.

You can get your home tested for lead in several different ways:

◆ A paint inspection tells you whether your home has lead-based paint and where it is located. It won’t tell you whether or not your home currently has lead hazards.

◆ A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards.

◆ A combination risk assessment and inspection tells you if your home has any lead hazards and if your home has any lead-based paint, and where the lead-based paint is located.

Hire a trained and certified testing professional who will use a range of reliable methods when testing your home.

◆ Visual inspection of paint condition and location.

◆ A portable x-ray fluorescence (XRF) machine.

◆ Lab tests of paint, dust, and soil samples.

There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency (see bottom of page 11) for more information, or call 1-800-424-LEAD (5323) for a list of contacts in your area.

Home test kits for lead are available, but may not always be accurate. Consumers should not rely on these kits before doing renovations or to assure safety.

What You Can Do Now To Protect Your Family

If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family’s risk:

◆ If you rent, notify your landlord of peeling or chipping paint.

◆ Clean up paint chips immediately.

◆ Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS.

◆ Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas.

◆ Wash children’s hands often, especially before they eat and before nap time and bed time.

◆ Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly.

◆ Keep children from chewing window sills or other painted surfaces.

◆ Clean or remove shoes before entering your home to avoid tracking in lead from soil.

◆ Make sure children eat nutritious, low-fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead.

Reducing Lead Hazards In The Home

Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house.

Always use a professional who is trained to remove lead hazards safely.

In addition to day-to-day cleaning and good nutrition:

◆ You can temporarily reduce lead hazards by taking actions such as repairing damaged painted surfaces and planting grass to cover soil with high lead levels. These actions (called “interim controls”) are not permanent solutions and will need ongoing attention.

◆ To permanently remove lead hazards, you should hire a certified lead “abatement” contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent removal.

Always hire a person with special training for correcting lead problems—someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government.

Once the work is completed, dust cleanup activities must be repeated until testing indicates that lead dust levels are below the following:

◆ 40 micrograms per square foot (µg/ft2) for floors, including carpeted floors;

◆ 250 µg/ft2 for interior windows sills; and

◆ 400 µg/ft2 for window troughs.

Call your state or local agency (see bottom of page 11) for help in locating certified professionals in your area and to see if financial assistance is available.

Remodeling or Renovating a Home With Lead-Based Paint

Take precautions before your contractor or you begin remodeling or renovating anything that disturbs painted surfaces (such as scraping off paint or tearing out walls):

◆ Have the area tested for lead-based paint.

◆ Do not use a belt-sander, propane torch, high temperature heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done.

◆ Temporarily move your family (especially children and pregnant women) out of the apartment or house until the work is done and the area is properly cleaned. If you can’t move your family, at least completely seal off the work area.

◆ Follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling 1-800-424-LEAD. Ask for the brochure “Reducing Lead Hazards When Remodeling Your Home.” This brochure explains what to do before, during, and after renovations.

If you have already completed renovations or remodeling that could have released lead-based paint or dust, get your young children tested and follow the steps outlined on page 7 of this brochure.

If not conducted properly, certain types of renovations can release lead from paint and dust into the air.

Other Sources of Lead

While paint, dust, and soil are the most common sources of lead, other lead sources also exist.

◆ Drinking water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it:

• Use only cold water for drinking and cooking.

• Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours.

◆ The job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family’s clothes.

◆ Old painted toys and furniture.

◆ Food and liquids stored in lead crystal or lead-glazed pottery or porcelain.

◆ Lead smelters or other industries that release lead into the air.

◆ Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture.

◆ Folk remedies that contain lead, such as “greta” and “azarcon” used to treat an upset stomach.

For More Information

The National Lead Information Center

Call 1-800-424-LEAD (424-5323) to learn how to protect children from lead poisoning and for other information on lead hazards. To access lead information via the web, visit www.epa.gov/lead and www.hud.gov/offices/lead/.

EPA’s Safe Drinking Water Hotline

Call 1-800-426-4791 for information about lead in drinking water.

Consumer Product Safety Commission (CPSC) Hotline

To request information on lead in consumer products, or to report an unsafe consumer product or a product-related injury call 1-800-6382772, or visit CPSC's Web site at: www.cpsc.gov.

Health and Environmental Agencies

Some cities, states, and tribes have their own rules for lead-based paint activities. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your local contacts on the Internet at www.epa.gov/lead or contact the National Lead Information Center at 1-800-424-LEAD.

For the hearing impaired, call the Federal Information Relay Service at 1-800-877-8339 to access any of the phone numbers in this brochure.

EPA Regional Offices

Your Regional EPA Office can provide further information regarding regulations and lead protection programs.

EPA Regional Offices

Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont)

Regional Lead Contact

U.S. EPA Region 1

Suite 1100 (CPT)

One Congress Street Boston, MA 02114-2023 1 (888) 372-7341

Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands)

Regional Lead Contact

U.S. EPA Region 2

2890 Woodbridge Avenue

Building 209, Mail Stop 225 Edison, NJ 08837-3679 (732) 321-6671

Region 3 (Delaware, Maryland, Pennsylvania, Virginia, Washington DC, West Virginia)

Regional Lead Contact

U.S. EPA Region 3 (3WC33) 1650 Arch Street Philadelphia, PA 19103 (215) 814-5000

Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee)

Regional Lead Contact

U.S. EPA Region 4

61 Forsyth Street, SW Atlanta, GA 30303 (404) 562-8998

Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)

Regional Lead Contact

U.S. EPA Region 5 (DT-8J)

77 West Jackson Boulevard Chicago, IL 60604-3666 (312) 886-6003

Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)

Regional Lead Contact

U.S. EPA Region 6

1445 Ross Avenue, 12th Floor Dallas, TX 75202-2733 (214) 665-7577

Region 7 (Iowa, Kansas, Missouri, Nebraska)

Regional Lead Contact

U.S. EPA Region 7 (ARTD-RALI)

901 N. 5th Street Kansas City, KS 66101 (913) 551-7020

Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)

Regional Lead Contact

U.S. EPA Region 8

999 18th Street, Suite 500 Denver, CO 80202-2466 (303) 312-6021

Region 9 (Arizona, California, Hawaii, Nevada)

Regional Lead Contact

U.S. Region 9

75 Hawthorne Street San Francisco, CA 94105 (415) 947-4164

Region 10 (Alaska, Idaho, Oregon, Washington)

Regional Lead Contact

U.S. EPA Region 10

Toxics Section WCM-128

1200 Sixth Avenue Seattle, WA 98101-1128 (206) 553-1985

CPSC Regional Offices

Your Regional CPSC Office can provide further information regarding regulations and consumer product safety.

Eastern Regional Center

Consumer Product Safety Commission

201 Varick Street, Room 903 New York, NY 10014 (212) 620-4120

Central Regional Center

Consumer Product Safety Commission

230 South Dearborn Street, Room 2944 Chicago, IL 60604 (312) 353-8260

HUD Lead Office

Western Regional Center Consumer Product Safety Commission 1301 Clay Street, Suite 610-N Oakland, CA 94612 (510) 637-4050

Please contact HUD's Office of Healthy Homes and Lead Hazard Control for information on lead regulations, outreach efforts, and lead hazard control and research grant programs.

U.S. Department of Housing and Urban Development Office of Healthy Homes and Lead Hazard Control

451 Seventh Street, SW, P-3206 Washington, DC 20410 (202) 755-1785

This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure.

A Brief Guide to Mold, Moisture, And Your Ho M e

Mold Basics

■ The key to mold control is moisture control.

■ If mold is a problem in your home, you should clean up the mold promptly and fix the water problem.

■ It is important to dry water-damaged areas and items within 24-48 hours to prevent mold growth.

WMold growing outdoors on firewood. Molds come in many colors; both white and black molds are shown here.

hy is mold growing in my home? Molds are part of the natural environment. Outdoors, molds play a part in nature by breaking down dead organic matter such as fallen leaves and dead trees, but indoors, mold growth should be avoided. Molds reproduce by means of tiny spores; the spores are invisible to the naked eye and float through outdoor and indoor air. Mold may begin growing indoors when mold spores land on surfaces that are wet. There are many types of mold, and none of them will grow without water or moisture.

can mold cause health problems? Molds are usually not a problem indoors, unless mold spores land on a wet or damp spot and begin growing. Molds have the potential to cause health problems. Molds produce allergens (substances that can cause allergic reactions), irritants, and in some cases, potentially toxic substances (mycotoxins).

Inhaling or touching mold or mold spores may cause allergic reactions in sensitive individuals. Allergic responses include hay fever-type symptoms, such as sneezing, runny nose, red eyes, and skin rash (dermatitis). Allergic reactions to mold are common. They can be immediate or delayed. Molds can also cause asthma attacks in people with asthma who are allergic to mold. In addition, mold exposure can irritate the eyes, skin, nose, throat, and lungs of both mold-

allergic and non-allergic people. Symptoms other than the allergic and irritant types are not commonly reported as a result of inhaling mold.

Research on mold and health effects is ongoing. This brochure provides a brief overview; it does not describe all potential health effects related to mold exposure. For more detailed information consult a health professional. You may also wish to consult your state or local health department.

How do i get rid of mold? It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust. The mold spores will not grow if moisture is not present. Indoor mold growth can and should be prevented or controlled by controlling moisture indoors. If there is mold growth in your home, you must clean up the mold and fix the water problem. If you clean up the mold, but don’t fix the water problem, then, most likely, the mold problem will come back.

Molds can gradually destroy the things they grow on. You can prevent damage to your home and furnishings, save money, and avoid potential health problems by controlling moisture and eliminating mold growth.

Magnified mold spores.

Mold

If you already have a mold problem –act QuicKlY. Mold damages what it grows on. The longer it grows, the more damage it can cause.

Who should do the cleanup? Who should do the cleanup depends on a number of factors. One consideration is the size of the mold problem. If the moldy area is less than about 10 square feet (less than roughly a 3 ft. by 3 ft. patch), in most cases, you can handle the job yourself, following the guidelines below. However:

■ If there has been a lot of water damage, and/or mold growth covers more than 10 square feet, consult the U.S. Environmental Protection Agency (EPA) guide: Mold Remediation in Schools and Commercial Buildings. Although focused on schools and commercial

Leaky window – mold is beginning to rot the wooden frame and windowsill.

buildings, this document is applicable to other building types. It is available on the Internet at: www. epa.gov/mold.

■ If you choose to hire a contractor (or other professional service provider) to do the cleanup, make sure the contractor has experience cleaning up mold. Check references and ask the contractor to follow the recommendations in EPA’s Mold Remediation in Schools and Commercial Buildings, the guidelines of the American Conference of Governmental Industrial Hygenists (ACGIH), or other guidelines from professional or government organizations.

■ If you suspect that the heating/ventilation/air conditioning (HVAC) system may be contaminated with mold (it is part of an identified moisture problem, for instance, or there is mold near the intake to the system), consult EPA’s guide Should You Have the Air Ducts in Your Home Cleaned? before taking further action. Do not run the HVAC system if you know or suspect that it is contaminated with mold - it could spread mold throughout the building. Visit www.epa. gov/iaq/pubs to download a copy of the EPA guide.

■ If the water and/or mold damage was caused by sewage or other contaminated water, then call in a professional who has experience cleaning and fixing buildings damaged by contaminated water.

■ If you have health concerns, consult a health professional before starting cleanup.

Mold c lea N u P Guidelines

Bathroom Tip

Places that are often or always damp can be hard to maintain completely free of mold. If there’s some mold in the shower or elsewhere in the bathroom that seems to reappear, increasing the ventilation (running a fan or opening a window) and cleaning more frequently will usually prevent mold from recurring, or at least keep the mold to a minimum.

tips and techniques

The tips and techniques presented in this section will help you clean up your mold problem. Professional cleaners or remediators may use methods not covered in this publication. Please note that mold may cause staining and cosmetic damage. It may not be possible to clean an item so that its original appearance is restored.

■ Fix plumbing leaks and other water problems as soon as possible. Dry all items completely.

■ Scrub mold off hard surfaces with detergent and water, and dry completely.

Mold growing on the underside of a plastic lawnchair in an area where rainwater drips through and deposits organic material.

■ Absorbent or porous materials, such as ceiling tiles and carpet, may have to be thrown away if they become moldy. Mold can grow on or fill in the empty spaces and crevices of porous materials, so the mold may be difficult or impossible to remove completely.

■ Avoid exposing yourself or others to mold (see discussions: What to Wear When Cleaning Moldy Areas and Hidden Mold.)

■ Do not paint or caulk moldy surfaces. Clean up the mold and dry the surfaces before painting. Paint applied over moldy surfaces is likely to peel.

■ If you are unsure about how to clean an item, or if the item is expensive or of sentimental value, you may wish to consult a specialist. Specialists in furniture repair, restoration, painting, art restoration and conservation, carpet and rug cleaning, water damage, and fire or water restoration are commonly listed in phone books. Be sure to ask for and check references. Look for specialists who are affiliated with professional organizations.

Mold growing on a piece of ceiling tile.

What to Wear When

Moldy areas

It is important to take precautions to li M it Y our ex P osu re to mold and mold spores.

■ Avoid breathing in mold or mold spores. In order to limit your exposure to airborne mold, you may want to wear an N-95 respirator, available at many hardware stores and from companies that advertise on the Internet. (They cost about $12 to $25.) Some N-95 respirators resemble a paper dust mask with a nozzle on the front, others are made primarily of plastic or rubber and have removable cartridges that trap most of the mold spores from entering. In order to be effective, the respirator or mask must fit properly, so carefully follow the instructions supplied with the respirator. Please note that the Occupational Safety and Health Administration (OSHA) requires that respirators fit properly (fit testing) when used in an occupational setting; consult OSHA for more information (800-321-OSHA or osha.gov/).

Mold growing on a suitcase stored in a humid basement.

■ Wear gloves. Long gloves that extend to the middle of the forearm are recommended. When working with water and a mild detergent, ordinary household rubber gloves may be used. If you are using a disinfectant, a biocide such as chlorine bleach, or a strong cleaning solution, you should select gloves made from natural rubber, neoprene, nitrile, polyurethane, or PVC (see Cleanup and Biocides). Avoid touching mold or moldy items with your bare hands.

■ Wear goggles. Goggles that do not have ventilation holes are recommended. Avoid getting mold or mold spores in your eyes.

Cleaning while wearing N-95 respirator, gloves, and goggles.

How do i know when the remediation or cleanup is finished? You must have completely fixed the water or moisture problem before the cleanup or remediation can be considered finished.

■ You should have completed mold removal. Visible mold and moldy odors should not be present. Please note that mold may cause staining and cosmetic damage.

■ You should have revisited the site(s) shortly after cleanup and it should show no signs of water damage or mold growth.

■ People should have been able to occupy or re-occupy the area without health complaints or physical symptoms.

■ Ultimately, this is a judgment call; there is no easy answer.

Moisture and Mold

P re V e N tio

N and control tips

Moisture

Control is the Key to Mold Control

■ When water leaks or spills occur indoors - ACT QUICKLY. If wet or damp materials or areas are dried 24-48 hours after a leak or spill happens, in most cases mold will not grow.

■ Clean and repair roof gutters regularly.

■ Make sure the ground slopes away from the building foundation, so that water does not enter or collect around the foundation.

■ Keep air conditioning drip pans clean and the drain lines unobstructed and flowing properly.

Mold growing on the surface of a unit ventilator.

■ Keep indoor humidity low. If possible, keep indoor humidity below 60 percent (ideally between 30 and 50 percent) relative humidity. Relative humidity can be measured with a moisture or humidity meter, a small, inexpensive ($10-$50) instrument available at many hardware stores.

■ If you see condensation or moisture collecting on windows, walls or pipes - ACT QUICKLY to dry the wet surface and reduce the moisture/water source. Condensation can be a sign of high humidity.

Actions that will help to reduce humidity:

 Vent appliances that produce moisture, such as clothes dryers, stoves, and kerosene heaters to the outside where possible. (Combustion appliances such as stoves and kerosene heaters produce water vapor and will increase the humidity unless vented to the outside.)

 Use air conditioners and/or de-humidifiers when needed.

 Run the bathroom fan or open the window when showering. Use exhaust fans or open windows whenever cooking, running the dishwasher or dishwashing, etc.

Condensation on the inside of a windowpane.

Actions that will help prevent condensation:

 Reduce the humidity (see preceeding page).

 Increase ventilation or air movement by opening doors and/or windows, when practical. Use fans as needed.

 Cover cold surfaces, such as cold water pipes, with insulation.

 Increase air temperature.

Mold growing on a wooden headboard in a room with high humidity.

renters: Report all plumbing leaks and moisture problems immediately to your building owner, manager, or superintendent. In cases where persistent water problems are not addressed, you may want to contact local, state, or federal health or housing authorities.

testing or sampling for mold Is sampling for mold needed? In most cases, if visible mold growth is present, sampling is unnecessary. Since no EPA or other federal limits have been set for mold or mold spores, sampling cannot be used to check a building’s compliance with federal mold standards. Surface sampling may be useful to determine if an area has been adequately cleaned or remediated. Sampling for mold should be conducted by professionals who have specific experience in designing mold sampling protocols, sampling methods, and interpreting results. Sample analysis should follow analytical methods recommended by the American Industrial Hygiene Association (AIHA), the American Conference of Governmental Industrial Hygienists (ACGIH), or other professional organizations.

Rust is an indicator that condensation occurs on this drainpipe. The pipe should be insulated to prevent condensation.

hidden Mold

suspicion of hidden mold

You may suspect hidden mold if a building smells moldy, but you cannot see the source, or if you know there has been water damage and residents are reporting health problems. Mold may be hidden in places such as the back side of dry wall, wallpaper, or paneling, the top side of ceiling tiles, the underside of carpets and pads, etc. Other possible locations of hidden mold include areas inside walls around pipes (with leaking or condensing pipes), the surface of walls behind furniture (where condensation forms), inside ductwork, and in roof materials above ceiling tiles (due to roof leaks or insufficient insulation).

investigating hidden mold problems

Investigating hidden mold problems may be difficult and will require caution when the investigation involves disturbing potential sites of mold growth. For example, removal of wallpaper can lead to a massive release of spores if there is mold growing on the underside of the paper. If you believe that you may have a hidden mold problem, consider hiring an experienced professional.

Mold growing on the back side of wallpaper.

cleanup and Biocides Biocides are substances that can destroy living organisms. The use of a chemical or biocide that kills organisms such as mold (chlorine bleach, for example) is not recommended as a routine practice during mold cleanup. There may be instances, however, when professional judgment may indicate its use (for example, when immune-compromised individuals are present). In most cases, it is not possible or desirable to sterilize an area; a background level of mold spores will remain - these spores will not grow if the moisture problem has been resolved. If you choose to use disinfectants or biocides, always ventilate the area and exhaust the air to the outdoors. Never mix chlorine bleach solution with other cleaning solutions or detergents that contain ammonia because toxic fumes could be produced.

Please note: Dead mold may still cause allergic reactions in some people, so it is not enough to simply kill the mold, it must also be removed.

Water stain on a basement wall — locate and fix the source of the water promptly.

Mold growing on fallen leaves.

Notes

Acknowledgements

EPA would like to thank Paul Ellringer, PE, CIH, for providing the photo on page 14.

Please note that this document presents recommendations. EPA does not regulate mold or mold spores in indoor air.

Renting in Seat tle RENTER’S HANDBOOK

www.kingcounty.gov/depts/elections

WELCOME HOME!

There’s a lot to do when moving to a new home. Updating your voter registration is one of those important tasks to remember.

ALREADY REGISTERED?

Here are 5 easy ways to update your address:

• If you have a current Washington State driver license or state ID card, go online!

• Mail the registration form included with this Renter’s Handbook.

• E-mail elections@kingcounty.gov with your name, date of birth, old residential and mailing address, and your new residential and mailing address.

• Call 206-296-VOTE (8683). Services are available in 120 languages.

• Go in-person to King Coutny Election headquarters in Renton or the Voter Registration Annex in Seattle.

REMEMBER TO CHANGE YOUR ADDRESS AT LEAST 29 DAYS BEFORE ELECTION DAY. CHECK THE VOTER’S CALENDAR.

NEED TO REGISTER?

There are 3 ways to register to vote:

• If you have a current Washington State driver license or state ID card, go online!

• Mail the registration form included in this Renter’s Handbook. (See center pull-out.)

• Go in-person to King County Election headquarters in Renton or the Voter Registration Annex in Seattle.

Welcome!

What Is the Renter’s Handbook?

What Is the Renter’s Handbook?

Welcome to Renting in Seattle. Your landlord is required to provide you with a printed copy of this Renter’s Handbook when you sign your initial rental agreement. Electronic copies are allowed at lease renewal, annually for month-to-month renters and whenever the City publishes updated versions.

Welcome to Renting in Seattle. Your landlord is required to provide you with this Renter’s Handbook when you apply to rent, sign a rental agreement, renew a rental agreement or whenever the City of Seattle updates information in it.

The Renter’s Handbook gives you a good overview of both your renter rights and obligations and contains tips and helpful resources to make renting in Seattle an informed experience. Keep this handbook where it’s easy to reference.

The Renter’s Handbook gives you a broad overview of both your renter rights and obligations and provides tips and helpful resources to make renting in Seattle a great experience. You should keep this handbook where you can easily reference it.

Check out our web site www.seattle.gov/rentinginseattle it delivers the rent-cycle regulations and fair housing laws, for both renters and housing providers, specific to each audience.

When you need additional information or guidance call the Helpline (206) 684-5700 Monday – Friday during business hours. Phone interpretation available

Seattle is a Welcoming City that values inclusion and equity. City employees do not ask about citizenship status and serve all residents regardless of immigration status.

Remember, there is help available when your handbook does not have the answer to your question or specific situation. The Renting in Seattle Helpline (206) 684-5700 is open Monday – Friday during business hours so you can talk to someone for information and guidance. Language assistance is available

Lastly, this handbook is not intended as legal advice but an aid to understanding the City’s rental housing codes.

This handbook is not intended as legal advice. You can also visit our web site www.seattle.gov/rentinginseattle.

Happy Renting!

FINDING A HOME

FINDING A HOME

Finding the right place for you is not an exact science and people find their homes in lots of different ways. Many listings are available free online. Sometimes, driving or walking around a neighborhood can yield results where ‘For Rent’ signs are posted. Beware of online scams that ask for money or wire transfers. Never agree to rent a place before you see it. If a deal feels too good to be true, it probably is! You can report suspected rental scams to the Federal Trade Commission at www.consumer.ftc.gov.

Finding the right place for you is not an exact science and people find their homes in lots of different ways. Many listings are available for free online. Sometimes, driving or walking around a neighborhood can yield results where ‘For Rent’ signs are posted. Beware of online scams that ask for money or wire transfers. Never agree to rent a place before you see it. If a deal feels too good to be true, it probably is! You can report suspected rental scams to the Federal Trade Commission at www.consumer.ftc.gov.

Affordable housing can mean a lot of different things. Generally, it is housing that is tied to your income level, often, but not always, based on area rents. Some low-income housing is federally funded and/or provided by non-profit housing organizations. The City’s Office of Housing maintains a list of search sites at www.seattle.gov/housing/renters/find-housing.

Affordable housing can mean a lot of different things. Generally, it is housing that is tied to your income level, often, but not always, based on area rents. Some low-income housing is federally funded and/or provided by non-profit housing organizations. The City’s Office of Housing maintains a list of affordable housing units, search a list at www.seattle.gov/housing/renters/ find-housing.

Often there are waitlists for these affordable housing options. Seattle Housing Authority (SHA) both owns low-income housing units and has a rent subsidy program called ‘Housing Choice Vouchers’. You can find out more about SHA at www.seattlehousing.org, or you can visit their office location in downtown Seattle at 190 Queen Anne Avenue North. You can call the Community Information Line at 2-1-1 for a list of affordable housing providers over the phone if you don’t have access to a computer.

Often there are waitlists for affordable housing options. Seattle Housing Authority (SHA) both owns low-income housing units and has a rent subsidy program called ‘Housing Choice Vouchers’. You can find out more about SHA at www.seattlehousing.org, or you can visit their office location in downtown Seattle at 190 Queen Anne Avenue North. You can call the Community Information Line at 2-1-1 for a list of affordable housing providers over the phone if you don’t have access to a computer.

RENTAL REGISTRATION

Since 2014, Seattle’s Rental Registration Inspection Ordinance (RRIO) requires all rental properties to register with the City. Some exceptions apply to the requirement including owner-occupied homes that rent rooms, housing stock owned by Seattle Housing Authority or licensed facilities such as assisted living homes. Other owneroccupied rental home exemptions are listed below.

Landlords are required to self-certify that their rental unit meets the basic habitability standards described on the registration checklist. Priority is given to health and safety compliance. Inspections are required every 5-10 years and can be completed by a City inspector or by a private housing inspector approved by the City. Registration renewal is required every two years.

You can search the address of a rental unit at www.seattle.gov//rrio to check if it is registered. Failure to register can result in fines and impacts the landlord’s ability to serve eviction notices.

Owner-Occupied Exemptions

Generally, landlords sharing their home with tenants or occupying a home on the same property such as an adu/dadu (attached/detached accessory dwelling unit) are exempt from some rental regulations and fair housing laws.

Certain circumstances can impact some exemptions such as using a property management company or having a notice of violation for housing standards.

Be aware of differences to make an informed decision. Most important to note, is owner-occupant landlords have just cause to terminate a month-to-month tenancy with 20 days’ advance notice or to not offer a lease renewal.

For more details, see the following regulations that have exemptions for owner-occupant landlords:

• Fair Housing - pg. 11- 12, 17-18

• First in time – pg.16

• Move in costs – pg. 24-25

• Adding roommates – pg. 34-35

• Just Cause - pg. 46-48

• Eviction defenses – pg. 49

Minimum Standards

It’s important to know what to look for in a potential home besides your personal preferences. Seattle has minimum safety and maintenance standards for rental housing in the City’s Housing and Building Maintenance Code. The following is a basic explanation of those standards.

Space and Occupancy

This category covers the minimum size of housing units and includes dimensions of sleeping rooms. It also covers light and ventilation requirements, like windows, fans, and sanitation. For example, a sleeping room must be at least 70 square feet with an additional 50 square feet for each person in excess of two.

Structural

Elements such as foundations, chimneys, masonry and roofs must be solid and stable. The building needs to be weathertight, damp-free, rodent-proof, and maintained in good repair.

Mechanical

All housing units must have a permanently installed heating source (space heaters alone are not sufficient). Electrical equipment, including wiring, and appliances must be properly installed and safely maintained. The unit must be safely lit and have sufficient electrical outlets.

Is the Unit Registered?

Fire and Safety

Stairs must be safely constructed and have appropriate handrails. Smoke and carbon monoxide detectors are required. An exterior door or properly sized window for emergency exit (known as egress) is required in all rooms used for sleeping. There are lots of additional requirements for larger, multi-unit buildings.

Security

Entry doors must have a deadbolt and have a peep hole or window so you can see who is at the door. Locks must be changed when there is a change of tenancy. Buildings must be secure enough to reasonably prevent criminal actions to residents and their belongings.

As of 2014, all rental properties in Seattle must be registered with the City in accordance with the Rental Registration and Inspection Ordinance. There are some exemptions such as housing owned by Seattle Housing Authority or licensed facilities such as assisted living homes. This helps the City ensure your housing is safe and complies with minimum standards. Inspections are required every 5-10 years. You can check if your home is registered at www.seattle.gov/rrio ?

Good to Know!

Other general safety things to watch out for in older buildings and homes are the potential hazards of peeling lead paint and asbestos when it is friable (crumbling and not contained). If a unit has bedrooms below ground like basement rooms, are there large/low enough windows or exterior doors for egress? If not, those rooms should not be advertised nor used as bedrooms, as they do not meet safety standards.

Seattle’s Fair Housing Laws

Fair Housing Access

Seattle’s Fair Housing Laws are designed to ensure everyone has equal access to housing. It is illegal to discriminate in the rental of housing because of:

Seattle’s Fair Housing laws strive to ensure everyone has equal access to housing. You have many protections against discrimination even before you decide to sign a lease. These include source of income; criminal history, exclusionary advertising/steering of potential tenants as well as disability rights to reasonable accommodation/modification.

• Race

• Color

• Ancestry

• Sex

• Disability

• Creed

• National origin

• Marital status

• Political ideology

• Parental status

It is illegal for a housing provider to, intentionally or otherwise, steer certain renters to or from a rental listing. A listing that says ‘will suit a quiet couple’ is potentially discriminatory because it appears to exclude applicants based on their ‘parental status,’ for example.

• Religion

• Age

• Retaliation

• Sexual orientation

• Gender identity

• Use of a service animal

Landlords must include specific information when advertising a unit for rent. Advertisements must:

• Alternative sources of income

Rental Housing Ads

• Use of a Housing Choice Voucher or other subsidy programs

• Military status or veteran

• Criminal history

• Include the criteria that will be used for screening and the minimum standard to move forward in the application process.

• Describe all information and documents the landlord will use in screening.

It is illegal for a housing provider to, intentionally or otherwise, steer certain renters to or from a rental listing. A listing that says ‘will suit a quiet couple’ is potentially discriminatory because it appears to exclude applicants based on their ‘parental status,’ for example.

• Provide information explaining how you can request additional time to complete an application for things like interpretation or a reasonable accommodation for a disability.

Source of Income Protections

Landlords must include specific information when advertising a unit for rent. Advertisements must:

• Include the criteria that will be used for screening and the minimum standard to move forward in the application process

Seattle has protections for renters with a source of income other than employment. Housing providers cannot deny you a rental unit or treat you differently because your income comes from social security, alimony, retirement, disability etc. or if you are relying on a rental subsidy program like a Housing Choice Voucher. If your landlord has a rent to income ratio requirement they must subtract any subsidy you receive before making the calculation. See pg. 17 for more on income-to-rent ratio.

• Describe all information and documents the landlord will use in screening

• Provide information explaining how you can request additional time to complete an application for things like interpretation or a reasonable accommodation for a disability

Fair Chance Housing

Source of Income Protections

Seattle’s Fair Chance Housing Ordinance offers protections to address bias and barriers people with criminal backgrounds face when attempting to secure rental housing.

Advertising of rental units cannot ban applicants with a criminal history.

Adult applicants may be screened against the sex offender registry. A landlord could potentially disqualify an applicant on the registry only if:

1. The offense was committed as an adult.

Seattle has protections for renters with a source of income other than employment. Housing providers cannot deny you a rental unit or treat you differently because your income comes from social security, alimony, retirement, disability etc. or if you are relying on a rental subsidy program like a Housing Choice Voucher. If your landlord has a rent to income ratio requirement they must subtract any subsidy you receive before making the calculation. See pg. 17 for more on income-to-rent ratio.

2. A legitimate business reason exists. A connection would need to be demonstrated between the policy/practice and the safety of residents/property.

The following are some of the factors informing a landlord’s consideration:

• Nature and severity of the offense

• Number and types of convictions

• Age at time of conviction

• Evidence of good tenant history

Fair Chance Housing

• Time since date of conviction

Seattle’s Fair Chance Housing Ordinance offers protections to address bias and barriers people with criminal backgrounds face when attempting to secure rental housing.

• Supplemental information

Homeowners renting units on the property where they live like an attached apartment or backyard cottage are exempt from these screening restrictions. see pg. 8.

If you see rental housing advertising that does not comply with Fair Chance housing laws, you can call the Helpline at (206) 684-5700 to report it.

Advertising of rental units cannot ban applicants with a criminal history. Applicants cannot be screened for a criminal history or be asked about criminal history on the application.

Adult applicants may be screened against the sex offender registry. A landlord could potentially disqualify an applicant on the registry only if:

1. The offense was committed as an adult.

2. A legitimate business reason exists. A connection would need to be demonstrated between the policy/practice and the safety of residents/property.

The following are some of the factors informing a landlord’s consideration:

Protected Classes

• Nature and severity of the offense

Seattle’s Fair Housing Laws are designed to ensure everyone has equal access to housingand are based on protected classes.

• Number and types of convictions

• Race

• Color

• Age at time of conviction

• Ancestry

• Sex

• Marital status

• Political ideology

• Parental status

• Evidence of good tenant history

• Disability

• Creed

• Sexual orientation

• Gender identity

• Time since date of conviction

• Religion

• Age

• Use of a service animal

• Use of a Housing Choice Voucher or other subsidy programs

• Supplemental information

• Retaliation

• Alternative sources of income

• Military status or veteran

• Criminal history

• Citizenship and immigration status

Homeowners renting units on the property where they live like an attached apartment or backyard cottage are exempt from these screening restrictions.

• National origin

• Caste

• Pregnancy outcomes

If you see rental housing advertising that does not comply with Fair Chance housing laws, you can call the Helpline at (206) 684-5700 to report it.

GET READY TO RENT

READY TO RENT

Renting can be a competitive business, especially for the most affordable units. Being prepared in advance can really help.

Renting can be a competitive business, especially for more affordable units. Being prepared in advance can really help.

• Know your credit score and any potential issues that might show in a screening report. You can manage that information with your application and explain the circumstances to support your application. You can access your credit report at www.annualcreditreport.com

• Know your credit score and any potential issues that might show in a screening report. You can manage that information with your application and explain the circumstances to support your application. You can access your credit report at www.annualcreditreport.com

• Know your rights before you submit an application.

• Know your rights before you submit an application.

• Have the following information ready for your application:

• Have the following information ready for your application:

• Current and previous addresses including landlord information

• Current and previous address including landlord information

• Names and birth dates of all occupants

• Names and birth dates of all occupants

• Employment and income verification

• Vehicle information

• Employment and income information and verification

• Vehicle information

• References, both personal and housing related

• Pet information

• References, both personal and housing related

• Pet information

Tenant Screening

Housing providers must make clear in advance the criteria they will use to screen your application and the reasons that would result in denying your application. You are entitled to a copy of the screening report.

Housing providers must make clear in advance the criteria they will use to screen your application and the reasons that would result in denying your application. You are entitled to a copy of the screening report.

You can only be charged the actual cost of the application screening. The customary cost in Seattle is approximately $25-$45 per adult.

You can only be charged the actual cost of the application screening. The customary cost in Seattle is approximately $25-$45 per adult.

If your application is denied, the housing provider must give you a written notice stating the reasons. This is called an ‘adverse action’ notice and is required by both City and State law.

If your application is denied, the housing provider must give you a written notice stating the reasons. This is called an ‘adverse action’ notice and is required by both City and State law.

Holding Deposit

When you apply to rent a unit, the housing provider may want to charge you a deposit to hold the unit while screening your application.

The maximum holding deposit a landlord may charge is 25% of one month’s rent. A receipt explaining the terms is required.

If you are offered the unit and decide you don’t want it, you will likely forfeit your holding deposit. The deposit is fully refundable if your application is not successful or the unit fails a housing inspection connected to a rental subsidy program.

If you sign a rental agreement for the unit, the holding deposit must be applied to the first month’s rent or move-in costs (security deposit and pet deposit).

First in Time

First-in-Time Application

The First-in-Time Ordinance requires landlords to offer a rental agreement to the first qualified applicant who submits a complete application. Housing providers must cooperate fully with applicants using a housing subsidy such as completing required paperwork, etc.

The First-in-Time Ordinance requires landlords to offer a rental agreement to the first qualified applicant who submits a complete application. Housing providers must cooperate fully with applicants using a housing subsidy such as completing required paperwork, etc.

Landlords must:

Landlords must:

• Date and time stamp applications in the order received

• Date and time stamp applications in the order received

• Screen applications in chronological order one at a time

• Screen applications in chronological order one at a time

• Give applicants a minimum of 72 hours for additional information on an otherwise complete application

• Give applicants a minimum of 72 hours for additional information on an otherwise complete application

• Provide 48 hours for a response to an offer of a rental agreement after which time the landlord can proceed screening the next applicant in line

• Provide 48 hours for a response to an offer of a rental agreement after which time the landlord can proceed screening the next applicant in line

Income to Rent Ratio

Income to Rent Ratio

As mentioned before, a landlord cannot deny you housing because your income comes from a source or sources other than employment. If part of the eligibility requirement is a rent to income ratio, and your income is from other sources or subsidies, your landlord must follow these steps in making the calculation: Monthly Income

A landlord cannot deny you housing because your income comes from a source or sources other than employment. If part of the eligibility requirement is a rent to income ratio, and your income is from other sources or subsidies, your landlord must follow these steps in making the calculation:

STEP 1

Determine tenant total monthly income by adding all verifiable sources of income.

Social Security: $400

One-time Veteran Stipend: $300

Child Support: $200

Tenant Total Income: $900

STEP 2

Determine tenant portion of rent by subtracting all verifiable subsidies received from the monthly rent.

Rent: $1200

Veteran Assistance Subsidy: $1000

Tenant rent portion: $200

STEP 3

Calculate tenant required income by multiplying tenant rent portion by your ratio. Determine qualifications by subtracting tenant total income from tenant required income.

In 3:1 ratio tenant required income is $600

Veteran Assistance Subsidy: $1000

Tenant meets the 3:1 Income Requirement

Holding Deposit (Deposit to Secure Occupancy)

When you apply to rent a unit, the housing provider may want to charge you a deposit to hold the unit while screening your application.

Service Animals

• The maximum holding deposit a landlord may charge is 25% of one month's rent. A receipt explaining the terms is required.

Service animals are broadly defined in Seattle and include emotional support, companion, therapy animals, and more. Fair housing rules require reasonable accommodations for service animals.

• If you are offered the unit and decide you don’t want it, you will almost certainly lose your holding deposit. The deposit is fully refundable if your application is not successful or the unit fails a housing inspection connected to a rental subsidy program.

• A housing provider can ask for verification of the disability-related need for your service animal, from a qualified third party such as a medical provider or someone qualified to verify the connection.

• Service animals are not considered pets and cannot be prohibited from rental units. ‘No Pet’ policies do not apply to service animals.

• If you sign a rental agreement for the unit, the holding deposit must be applied to the first month’s rent or move-in costs (security deposit and pet deposit).

• Training or certification of a service animal is not required.

• A housing provider cannot charge a deposit, fee, or additional rent for a service animal.

• You are responsible for your service animal’s behavior and any damage they cause to your rental unit and the property.

Renting and Disability Rights

Accessibility

Housing accessibility allows renters with disabilities to live independently. Grab bars, ramps, extra width for wheelchairs, designated parking are some examples. If you have a disability, you can ask for a reasonable accommodation or modification.

An accommodation is a change in rules, policies, practices, or services to allow you the equal opportunity to use and enjoy a rental unit. An example of reasonable accommodation is to make an exception to a parking policy so a person using a wheelchair can have a spot closest to their unit.

Accessibility

A reasonable modification allows you to make physical changes to the property that are necessary to make the rental property accessible. You are responsible for paying for reasonable modifications unless the landlord receives federal funds. An example of a reasonable modification is asking permission to widen the bathroom doorway to accommodate a large scooter.

Housing accessibility allows renters with disabilities to live independently. Grab bars, ramps, extra width for wheelchairs, designated parking are some examples. If you have a disability, you can ask for a reasonable accommodation or modification.

If you have questions or want to file a complaint, contact the Renting in Seattle helpline (206) 684-5700.

An accommodation is a change in rules, policies, practices, or services to allow you the equal opportunity to use and enjoy a rental unit. An example of reasonable accommodation is to make an exception to a parking policy so a person using a wheelchair can have a spot closest to their unit.

A reasonable modification allows you to make physical changes to the property that are necessary to make the rental property accessible. You are responsible for paying for reasonable modifications unless the landlord receives federal funds. An example of a reasonable modification is asking permission to widen the bathroom doorway to accommodate a large scooter.

Service Animals

If you have questions or want to file a complaint, contact the Helpline (206) 684-5700.

Service animals are broadly defined in Seattle and include emotional support, companion, therapy animals, and more. Fair housing rules require reasonable accommodations for service animals.

• A housing provider can ask for verification of the disability-related need for your service animal, from a qualified third party such as a medical provider or someone qualified to verify the connection.

OPEN HOUSE

• Service animals are not considered pets and cannot be prohibited from rental units. ‘No Pet’ policies do not apply to service animals.

• Training or certification of a service animal is not required.

• A housing provider cannot charge a deposit, fee, or additional rent for a service animal.

• You are responsible for your service animal’s behavior and any damage it does to your rental unit and the property.

MOVING IN

Moving is a busy and often stressful time. Things can easily be overlooked. It is important to be careful and pay attention to the details at this stage as it sets the tone for your entire tenancy.

Move-in Checklist

This is an extremely important part of your rental agreement because it is connected to your security deposit.

• It should accurately describe in detail the current condition of your new home

• Discrepancies should be discussed immediately with your landlord so you are not taking responsibility for damage that happened before you moved in

• It should be signed and dated by you and your landlord. Your landlord must provide you with a copy

• This checklist will be used by your landlord when it’s time for you to move out to determine if you have caused any damage to the unit

It is unlawful to collect a security deposit without a signed and dated move-in checklist.

Rental Agreement

Congratulations! Your application for the rental home was successful and now it’s time to sign a rental agreement. Review it thoroughly before signing. Remember, it is a legally binding contract.

• Pay attention to what costs you are responsible for in addition to your rent, such as utilities, and how they are billed

When you are offered a rental agreement, read it thoroughly before signing. Remember, it is a legally binding contract. Pay attention to what costs you are responsible for in addition to your rent, such as utilities, and how they are billed. Examine the rules carefully to make sure you understand the policies around guests, pets, parking, etc. Get help understanding your rental agreement if you need to, especially if English is not your first language.

• Examine the rules carefully to make sure you understand the policies around guests, pets, parking, etc

• Get help understanding your rental agreement if you need to, especially if English is not your first language

This Renter’s Handbook is required to be provided to you every time you apply to rent a place, when you enter into a rental agreement, or whenever the handbook is updated.

This Renter’s Handbook (printed copy) must be provided to you at the time you sign the initial rental agreement. Electronic copies are allowed for subsequent rental agreements; whenever the handbook is updated, or annually for month-to-month renters.

The move-in checklist is another extremely important part of your rental agreement. It should accurately describe in detail the current condition of your new home. This checklist will be used by your landlord when it’s time for you to move out to determine if you have caused any damage to the unit. Your landlord cannot take a security deposit from you without a move-in checklist.

There are three main types of rental agreements:

Types of Rental Agreements

Month-to-Month

All rental agreements in Seattle are regulated by the Just Cause Eviction Ordinance. This means a landlord must have a legal reason or ‘Just Cause’ to terminate a month-to-month rental agreement or not renew an expiring lease. The notice period required depends on the specific just cause reason. Those reasons and the required notice a landlord must give are on pg. 46

Month-to-Month

This type of agreement is just like it states, a month-to-month rental agreement. In Seattle a landlord has to give one of 16 ’just cause’ reasons to terminate a month-to-month rental agreement. You can terminate the rental agreement with a minimum of 20 days written notice before the end of the monthly rental period. For example, if you want to move out by March 1, you would need to provide a written notice to your landlord no later than the February 8. You might appreciate the flexibility of this arrangement, but be aware that the terms of your rental agreement, including the amount of rent, can change with proper notice during a month-to-month agreement.

This type of agreement renews each month. You can terminate the rental agreement with a minimum of 20 days’ written notice before the end of the monthly rental period. For example, if you want to move out in February, your landlord would have to receive your written notice no later than February 8. You might appreciate the flexibility of this arrangement but, be aware that the terms of your rental agreement, including the amount of rent, can change with proper notice during a month-to-month agreement.

Terminating

Term Lease

This type of agreement has a specific term and offers no automatic right to renew when it ends. Carefully, consider before signing a terminating agreement because it could mean you have to move sooner that you might plan to as only the landlord retains the option to renew for a subsequent lease. The terms and conditions cannot change unless by mutual agreement for the duration of the term.

This type of rental agreement is for a specific period of time. The terms remain fixed for the duration of the lease unless changed by mutual agreement between you and the landlord. The landlord must offer you a lease renewal 60-90 days before your current lease expires unless they have just cause not to do so. See Just Cause pg. 46

Initial term converting to month-to-month

Initial term lease converting to month-to-month automatically

This occurs when the rental begins as a term lease and reverts automatically to a month-to-month lease at the end. You have a right to remain after the initial term unless the landlord has a just cause to end the rental agreement.

This begins as a lease for a specific period that automatically converts to a month-to-month agreement at the end. This is a good fit for renters who want options at the end of the initial rental agreement.

No rental agreement?

No rental agreement?

It is never a good idea to move into a rental unit without a written agreement. If you find yourself in that situation, you are considered a month-to-month tenant by verbal agreement and have renter rights. However, the definition of a tenant is someone entitled to occupy a rental unit under a rental agreement. While verbal agreements are not unlawful, it may be difficult to prove you are a tenant without a written rental agreement if a dispute arises.

It is never a good idea to move into a rental unit without a written agreement. If you find yourself in that situation, you are considered a month-to-month tenant by verbal agreement and have renter protections. However, the definition of a tenant is someone entitled to occupy a rental unit under a rental agreement. While verbal agreements are not unlawful, it may be difficult to prove you are a tenant without a written rental agreement when a dispute arises.

Move-In Cost

Move-In Charges

In Seattle, there are strict limits to what you can be charged for move-in costs. Move-in charges cover the security deposit, fees, and pet deposit.

In Seattle, there are strict limits to what you can be charged for move-in costs. Move-in charges cover the security deposit, fees, and pet deposit.

• The security deposit and fees combined cannot equal more than one month’s rent

• The security deposit and fees combined cannot equal more than one month’s rent

• Fees can only be charged for screening (background check when you apply to rent) and/or cleaning

• Fees can only be charged for screening (background check when you apply to rent) and/or cleaning

• If fees are charged for cleaning at the beginning of the agreement, you cannot be charged again for cleaning upon move-out

• If fees are charged for cleaning at the beginning of the agreement, you cannot be charged again for cleaning upon move-out

• Total fees cannot exceed 10% of one month’s rent

• Total fees cannot exceed 10% of one month’s rent

• The maximum you can be charged for a pet deposit is 25% of one month’s rent regardless of how many pets

• The maximum you can be charged for a pet deposit is 25% of one month’s rent regardless of how many pets

Examples:

Tracy is a singleperson household with a dog. The rent for the unit she’s moving into is $1200 per month.

Tracy is a singleperson household with a dog. The rent for the unit she’s moving into is $1200 per month.

Tracy’s landlord can charge:

Tracy’s charge:

• $45 screening fee

• $45 screening fee

• $75 cleaning fee

$75

• $1080 security deposit

• $1080 security deposit

• $300

• $300 pet deposit

Tracy’s move-in costs can equal up to a maximum of $1,500.

Tracy’s total move-in costs can equal up to a maximum of $1,500.

Hamid and Fatima with their two children are a four-person household. Rent is $2,200 per month.

Hamid and Fatima with their two children are a four-person household. Rent is $2,200 per month.

landlord

Their landlord can charge:

• $90 ($45 x 2) screening fee

• $90 ($45 x 2) screening fee

• $130 cleaning fee

• $130 cleaning fee

• $1980 security deposit

• $1980 security deposit

The family’s total move-in costs can equal up to a maximum of $2,200.

The family’s total move-in costs can equal up to a maximum of $2,200.

Installment Payments

Installment Payments

It can be difficult to pay what typically amounts to three months’ rent for moving into a new place. In Seattle, you have a right to pay your move-in costs (deposit and fees), last month’s rent, and pet deposit in installments.

It can be difficult to pay what typically amounts to three months’ rent for moving into a new place. In Seattle, you have a right to pay your move-in costs (deposit and fees), last month’s rent, and pet deposit in installments. A landlord cannot refuse to rent to you because you decide to use installment payments. It is important to remember that in addition to your monthly rent, installment payments must be made on time or you can risk getting a 14 Day Pay or Vacate Notice. The installment payment schedule is based on the length of your tenancy.

A landlord cannot refuse to rent to you because you decide to use installment payments. It is important to remember that in addition to your monthly rent, installment payments must be made on time or you risk getting a 14 Day Pay or Vacate Notice. The installment payment schedule is based on the length of your tenancy.

Deposits & Fees

• 30 days - six-month tenancy = four equal consecutive installments of equal duration.

• 30 days - six-month tenancy = four equal consecutive installments of equal duration.

• Month to month = two equal installments

• Month to month = two equal installments

• No installments for deposit/fees if the total does not exceed 25% of one month’s rent

• No installments for deposit/fees if the total does not exceed 25% of one month’s rent

• Pet deposit = three equal installments

• Pet deposit = three equal installments

Last Month’s Rent

Last Month’s Rent

• Six-month+ tenancy = six equal, consecutive, monthly installments

• Six-month+ tenancy = six equal, consecutive, monthly installments

• 60 days - six-month tenancy = four equal payments of equal duration

• 60 days - six-month tenancy = four equal payments of equal duration

• No fees, penalties, interest may be charged for installment payments

• No fees, penalties, interest may be charged for installment payments

• Failure to pay installments as agreed is a breach of the rental agreement and you can receive a 14 Day Pay or Vacate Notice

• Failure to pay installments as agreed is a breach of the rental agreement and you can receive a 14 Day Pay or Vacate Notice

• Alternatively, you and your landlord can make a payment schedule by mutal agreement. Get it in writing.

• Alternatively, you and your landlord can make a payment schedule by mutal agreement. Get it in writing.

Utility Accounts

Seattle City Light

Seattle City Light

Seattle City Light (SCL) is the City department responsible for electricity accounts. You can open an account in your own name. You are responsible for letting SCL know when you move out. Failure pay your bill to the or the landlord on time can result in a shutoff notice from the utility and/or a 14 Day Notice to Pay or Vacate by your landlord.

Seattle City Light (SCL) is the City department responsible for electricity accounts. You can open an account in your own name. You are responsible for letting SCL know when you move out. Failure to pay your bill to the utility or the landlord on time can result in a shutoff notice from the utility and/or a 14 Day Notice to Pay or Vacate by your landlord.

TIP:

TIP:

SCL also has discount programs and payment assistance for qualified customers. Visit their web site at www.seattle.gov/ light/assistance/ or call (206) 684-3000.

SCL also has discount programs and payment assistance for qualified customers. Visit their web site at www.seattle.gov/ light/assistance/ or call (206) 684-3000.

Seattle Public Utilities

Seattle Public Utilities

Seattle Public Utilities (SPU) is the City department responsible for water, sewer, and garbage accounts. Since 2011, new tenants cannot open accounts in their own names. The landlord is responsible for the overall account. You may be responsible for paying the cost of the utility charges if provided in your rental agreement. You should be provided with a copy of the actual bill if the landlord charges you directly. Failure to pay your bill on time can result in a shut-off notice and/or a 14 Day Pay or Vacate Notice by your landlord as utilities are treated like rent for eviction purposes.

Seattle Public Utilities (SPU) is the City department responsible for water, sewer, and garbage accounts. Since 2011, new tenants cannot open accounts in their own names. The landlord is responsible for the overall account. You may be responsible for paying the cost of the utility charges if provided in your rental agreement. You should be provided with a copy of the actual bill if the landlord charges you directly. Failure to pay your bill on time can result in a shut-off notice and/or a 14 Day Pay or Vacate Notice by your landlord as utilities are treated like rent for eviction purposes.

TIP:

TIP:

Never flush anything besides toilet paper. Avoid getting grease, hair, and large items down the drain. A plumbing clog is expensive to repair and your landlord can charge you the entire cost if you or someone in your household flushes something other than toilet paper. Don't believe the marketing claims on products for ‘flushable' wipes, etc.

Never flush anything besides toilet paper. Avoid getting grease, hair, and large items down the drain. A plumbing clog is expensive to repair and your landlord can charge you the entire cost if you or someone in your household flushes something other than toilet paper. Don’t marketing claims products for ‘flushable’

Good to Know!

SPU has programs to help with utility discounts and payment assistance for qualified customers. Visit www.seattle.gov/utilities or call (206) 684-3000.

TIP:

Failure to pay your utility bill on time can result in eviction.

TIP:

Food scraps and recyclable items are not allowed in the garbage. All buildings should have separate containers for those items.

TIP:

Failure to report leaks, running toilets, and other service issues to the landlord promptly can make you responsible for some or all of the cost.

Puget Sound Energy

Puget Sound Energy

Puget Sound Energy (PSE) is the natural gas provider for the city.

You can open an account in your own name. PSE has information on their website about programs to assist with bills, visit

www.pse.com or call 1(888) 225-5773.

Puget Sound Energy (PSE) is the natural gas provider for the city. You can open an account in your own name. PSE has information on their website about programs to assist with bills, visit www.pse.com or call 1(888) 225-5773.

Utility Billing Protections

Utility Billing Protections

The City’s Third Party Billing Ordinance protects renters who pay a landlord or a billing company for water, sewer, garbage, or electrical services in residential buildings with 3 or more units. If you do not get the required billing information or you think you are charged improperly, you should first talk to your landlord or the billing company.

The City's Third Party Billing Ordinance protects renters who pay a landlord or a billing company for water, sewer, garbage, or electrical services in residential buildings with 3 or more units. If you do not get the required billing information or you think you are charged improperly, you should first talk to your landlord or the billing company.

Complaints of violations are made to the:

Complaints of violations are made to the:

Office of the Hearing Examiner

Office of the Hearing Examiner

Seattle Municipal Tower

Seattle Municipal Tower

700 5th Ave

700 5th Ave

Suite 4000

Suite 4000

Seattle, WA 98104

Seattle, WA 98104

You can contact the hearing examiner at (206) 684-0521 or e-mail Hearing.Examiner@seattle.gov

You can contact the hearing examiner at (206) 684-0521 or e-mail Hearing.Examiner@seattle.gov

Learn more about the code:

Learn more about the code:

http://www.seattle.gov/Documents/Departments/HearingExaminer/ ResidentialThirdPartyBillingQuestionsandAnswers.pdf

http://www.seattle.gov/Documents/Departments/HearingExaminer/ResidentialThirdPartyBillingQuestionsandAnswers.pdf

What should a tenant’s utility bill include?

What should a tenant’s utility bill include?

In some rentals, you pay for utilities (such as water) to the landlord or a billing company, rather than directly to the utility. The City's Third Party Billing Ordinance protects renters who pay a landlord or a billing company for water, sewer, garbage, or electrical services in residential buildings with 3 or more units.

In some rentals, you pay for utilities (such as water) to the landlord or a billing company, rather than directly to the utility. The City’s Third Party Billing Ordinance protects renters who pay a landlord or a billing company for water, sewer, garbage, or electrical services in residential buildings with 3 or more units.

What should a tenant’s utility bill include?

What should a tenant’s utility bill include?

• The name, business address, and telephone number of the landlord or third-party billing agent, whichever one sent the bill to the tenant

• The name, business address, and telephone number of the landlord or third-party billing agent, whichever one sent the bill to the tenant

• The basis for each separate charge, including service charges and late fees, if any, as a line item, and the total amount of the bill

• The basis for each separate charge, including service charges and late fees, if any, as a line item, and the total amount of the bill

• If the units are sub-metered (each unit has its own meter), the current and previous meter readings, the current read date, and the amount consumed

• If the units are sub-metered (each unit has its own meter), the current and previous meter readings, the current read date, and the amount consumed

• The due date, the date upon which the bill becomes overdue, the amount of any late charges or penalties that may apply, and the date upon which such late charges or penalties may be imposed

• The due date, the date upon which the bill becomes overdue, the amount of any late charges or penalties that may apply, and the date upon which such late charges or penalties may be imposed

• Any past-due dollar amounts

• Any past-due dollar amounts

• The name, mailing address, and telephone number for billing inquiries and disputes, the business hours and days of availability, and the process used to resolve disputes related to bills

• The name, mailing address, and telephone number for billing inquiries and disputes, the business hours and days of availability, and the process used to resolve disputes related to bills

• When billing separately for utilities, Landlords must: provide an explanation how the bill is calculated and common area utility costs are distributed; notify residents of changes to billing practices; make a copy of the building’s utility bill available to tenants

• When billing separately for utilities, Landlords must: provide an explanation how the bill is calculated and common area utility costs are distributed; notify residents of changes to billing practices; make a copy of the building’s utility bill available to tenants

Common Examples of Utility Billing

Common Examples of Utility Billing

The way your utilities are billed should be explained in your rental agreement. Here are some common ways tenants pay for utilities.

The way your utilities are billed should be explained in your rental agreement. Here are some common ways tenants pay for utilities.

Renting a single-family home with gas, electric, and water/sewer/garbage accounts not included in rent.

Renting a single-family home with gas, electric, and water/sewer/ garbage accounts not included in rent.

Electric: Tenant has bill in their name, and pays the bill directly to SCL

Electric: Tenant has bill in their name, and pays the bill directly to SCL

Gas: Tenant has bill in their name, and pays the bill directly to PSE

Gas: Tenant has bill in their name, and pays the bill directly to PSE

Water, Sewer, Garbage: Bill is in property owner’s name, but a copy of the bill is sent to the tenant, and the tenant pays the bill directly to SPU

Water, Sewer, Garbage: Bill is in property owner’s name, but a copy of the bill is sent to the tenant, and the tenant pays the bill directly to SPU

Unit in an apartment building with utilities not included in rent.

Unit in an apartment building with utilities not included in rent.

Electric: Tenant has the bill in their name and pays the bill directly to SCL

Electric: Tenant has the bill in their name and pays the bill directly to SCL

Water, Sewer, Garbage: A third party company uses the information on the building’s SPU bill and divides it proportionally to building units based on the number of people on the lease. The tenant pays their portion of the bill to the third party company.

Water, Sewer, Garbage: A third party company uses the information on the building’s SPU bill and divides it proportionally to building units based on the number of people on the lease. The tenant pays their portion of the bill to the third party company.

WHILE YOU RENT

WHILE YOU RENT

Both you and your landlord have rights and responsibilities according to your rental agreement, City regulations and State laws. Most of these are common sense things and require all parties to act in good faith. In addition, State law requires that your landlord provide you with information from the Department of Health about mold and information about fire safety. Larger multi-family buildings must have a diagram showing emergency evacuation routes.

Both you and your landlord have rights and responsibilities according to your rental agreement, City regulations and State law. Most of these are common sense things and require all parties to act in good faith. In addition, State law requires that your landlord provide you with information from the Department of Health about mold and information about fire safety. Larger multi-family buildings must have a diagram showing emergency evacuation routes.

TIP: Keep in mind you have a business relationship with your landlord where both of you can be significantly impacted by the actions of the other person. Follow these important guidelines.

TIP: Keep in mind you have a business relationship with your landlord where both of you can be significantly impacted by the actions of the other person. Follow these important guidelines.

• Maintain your important documents such as the rental agreement, move-in checklist, and your Renter’s Handbook

• Maintain your important documents such as the rental agreement, move-in checklist, and your Renter’s Handbook

• Keep communication clear and respectful

• Keep communication clear and respectful

• Document important communications in writing

• Document important communication in writing

Landlord Duties

Landlord Duties

• Maintain the building and its structural components

• Maintain the building and its structural components

• Make timely repairs

• Make timely repairs

• Maintain common areas such as lobbies, stairs, and hallways

• Maintain common areas such as lobbies, stairs, and hallways

• Control pests

• Control pests

• Provide operating smoke and carbon monoxide detectors

• Provide operating smoke and carbon monoxide detectors

• Provide secure entry locks and keys

• Provide secure entry locks and keys

• common garbage, and food waste containers

• Provide common garbage, recycle, and food waste containers

Tenant Duties

Tenant Duties

• Pay rent on time and follow the rules of the rental agreement

• Pay rent on time and follow the rules of the rental agreement

• Keep the rental unit clean and sanitary

• Keep the rental unit clean and sanitary

• Maintain smoke and carbon monoxide detectors

• Maintain smoke and carbon monoxide detectors

• Prevent illegal or hazardous activity in the rental unit

• Prevent illegal or hazardous activity in the rental unit

• Observe quiet hours

• Observe quiet hours

• Operate plumbing, electrical, and heating systems properly

• Operating plumbing, electrical, and heating systems properly

• Dispose of garbage, recycle, and food waste properly

• Dispose of garbage, recycle, and food waste properly

Good to Know!

Good to know!

Your landlord must provide an alternative payment method if you can’t pay your rent electronically.

Your landlord has to provide an alternative payment method if you are unable to pay your rent electronically.

TIP: Remember to get a receipt for your rent!

TIP: Remember to get a receipt for your rent it’s your right.

Repairs

Repairs

Your rental agreement should state clearly who you contact for emergencies and repair requests. Reporting needed repairs promptly is important as you could be held financially responsible for the damage caused by delayed repairs you failed to report. State law requires you make a repair request in writing. It’s a good practice to create a record of the repair request which then obliges the landlord to respond. You can also call the landlord if it helps expedite the issue, but make sure there is a written request as well.

Your rental agreement should state clearly who you contact for emergencies and repair requests. Reporting needed repairs promptly is important as you could be held financially responsible for the damage caused by delayed repairs you failed to report.

State law requires you make a repair request in writing. It’s a good practice to create a record of the repair request which then obliges the landlord to respond. You can also call the landlord if it helps expedite the issue, but make sure there is a written request as well.

The landlord is required to start repairs within:

The landlord is required to start repairs within:

• 24 hours if you are without water, electricity, or heat during the winter, or if there is a life/safety issue

• 24 hours if you are without water, electricity, or heat during the winter, or if there is a life/safety issue

• 72 hours if your appliances are not working or you have a major plumbing issue with your sink or bathtub

• 10 days for any other repair request

• 72 hours if your appliances are not working or you have a major plumbing issue with your sink or bathtub

• 10 days for any other repair request

If your landlord does not respond or refuses to make a necessary repair, you can contact the Renting in Seattle Helpline at (206) 684-5700.

If your landlord does not respond or refuses to make a necessary repair, you can contact the Helpline at (206) 684-5700.

• For emergencies like no power or water, an inspector will try to inspect your unit on the same day or next business day and contact the landlord immediately

• For emergencies like no power or water, an inspector will try to inspect your unit on the same day or next business day and contact the landlord immediately

• For other issues, an inspector will call to make an appointment with you to inspect your unit for housing violations, usually within five to ten business days

• For other issues, an inspector will call to make an appointment with you to inspect your unit for housing violations, usually within five to ten business days

• The inspector will then prepare a notice directing the landlord to make the repairs

• The inspector will then prepare a notice directing the landlord to make the repairs

While it may seem justified to withhold rent when your landlord is not responsive nor making necessary repairs, it is not advisable. Though the State’s Residential Landlord Tenant Act discusses repair and deduct remedies for tenants, it is a very specific process and a big risk to withhold rent because the landlord might choose to evict for non-payment. Make a complaint to the City by calling the Helpline (206) 6845700 and zconsult an attorney before exercising any rights that potentially jeopardize your tenancy

While it may seem justified to withhold rent when your landlord is not responsive nor making necessary repairs, it is not advisable. Though the State’s Residential Landlord Tenant Act discusses repair and deduct remedies for tenants, it is a very specific process and a big risk to withhold rent because the landlord might choose to evict for non-payment. Make a complaint to the City by calling the helpline and consult an attorney before exercising any rights that potentially jeopardize your tenancy

Adding Roommates

Seattle housing can be expensive and finding an affordable place to call home can be a real challenge. You can add roommates to your household which may help if you struggle to pay your housing costs.

Be cautious when adding a new roommate, it could prove complicated and difficult removing them if it does not go well. Remember, everyone who pays rent has rights whether they are on the rental agreement or not.

Seattle housing can be expensive and finding an affordable place to call home in the city can be a real challenge. You can add roommates to your household which may help if you find yourself struggling to meet your housing costs. Be cautious when adding a new roommate, it could prove complicated and difficult removing them if the arrangement does not go well. Remember everyone who pays rent has rights. Additionally, your housing could be jeopardized if the landlord decides to evict your roommate. It’s good practice to work with your landlord when you want to bring in a roommate.

You can add:

Additionally, your tenancy could be jeopardized if the landlord decides to evict your roommate. It’s good practice to work with your landlord when you want to bring in a roommate.

• Immediate family

Your can add:

• One additional non-family roommate

• Immediate family

• One additional non-family roommate

• Immediate family of the additional roommate

• Immediate family of the additional roommate

• Any other roommates that the landlord agrees to

• Any other roommates that the landlord agrees to

• Not to exceed legal occupancy standards

Immediate family is broadly defined to include:

• Not to exceed legal occupancy standards

Immediate family is broadly defined to include:

Spouses, domestic partners, former spouses, former domestic partners, adult persons related by marriage, siblings, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons who have a parent-child relationship, including parents, stepparents, grandparents, adoptive parents, guardians, foster parents, or custodians of minors.

For purposes of this definition, “dating relationship” means a social relationship of a romantic nature. Factors a court may consider in determining the existence of a dating relationship include: (a) the length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

Spouses, domestic partners, former spouses, former domestic partners, adult persons related by marriage, siblings, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons who have a parent-child relationship, including parents, stepparents, grandparents, adoptive parents, guardians, foster parents, or custodians of minors. For purposes of this definition, "dating relationship" means a social relationship of a romantic nature. Factors a court may consider in determining the existence of a dating relationship include: (a) the length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

There are important steps and timelines you must follow to bring in a roommate. You must inform your landlord in writing within 30 days of adding someone to your household. Your landlord can screen the new household member using the same screening criteria originally used for your rental application. · A non-family roommate (a) can be screened and (b) can be denied occupancy based on screening

There are important steps and timelines you must follow to add a roommate. You must inform your landlord in writing within 30 days of adding someone to your household. Your landlord can screen the new household member using the same screening criteria originally used for your rental application. ·

• A non-family roommate (a) can be screened and (b) can be denied occupancy based on screening

• Immediate family (a) can be screened and (b) cannot be denied occupancy. Screening charges are allowed in compliance with the Rental Agreement Regulation Ordinance (SMC 7.24) and the state landlord tenant act.

• Immediate family (a) can be screened and (b) cannot be denied occupancy. Screening charges are allowed in compliance with the Rental Agreement Regulation Ordinance (SMC 7.24) and the state landlord tenant act.

• The landlord can require a non-family roommate to join the rental agreement with 30-days written notice.

• The landlord can require a non-family roommate to join the rental agreement with 30-days written notice.

• If the roommate does not join the rental agreement in 30 days, they must vacate within 15 days. (45 days total)

• If the roommate does not join the rental agreement in 30 days, they must vacate within 15 days. (45 days total)

• Immediate family cannot be required to join a rental agreement nor be denied occupancy.

• Immediate family cannot be required to join a rental agreement nor be denied occupancy.

Except for a screening fee, no other move-in charges can be applied to the added household member. All original terms of the rental agreement remain the same.

Except for a screening fee, no other move-in charges can be applied to the added household member. All original terms of the rental agreement remain the same.

Notices from Your Landlord Notices from Your Landlord

There are several kinds of notices you can receive from your landlord, some more urgent than others.

There are several kinds of notices you can receive from your landlord, some more urgent than others.

• Consider any written notice from the landlord important and worth your immediate attention. Review it right away and take quick action if necessary.

• Consider any written notice from the landlord important and worth your immediate attention. Review it right away and take quick action if necessary.

• Notices requiring action usually provide a short window of time to comply. Not responding in time may lead to serious consequences, such as eviction.

• Notices requiring action usually provide a short window of time to comply. Not responding in time may lead to serious consequences, such as eviction.

• Notices from your landlord must comply with City regulations.

• Notices from your landlord must comply with both State and City regulations.

• Notices that impact tenants’ rights such as:

• Notices to terminate, quit, comply and/or vacate

• Notices that impact tenants’ rights such as:

• Notice to increase housing costs (rent etc.)

• Notices to terminate, quit, comply and/or vacate

• Notices to enter must include the following language:

• Notice to increase housing costs (rent etc.)

If you need help understanding this notice or information about your renter rights, call the Renting in Seattle Helpline at (206) 684- 5700 or visit the web site at www.seattle.gov/ rentinginseattle.

• Notices to enter must include the following language:

• Notices that attempt to terminate a tenancy such as a 14 Day Pay or Vacate, 10 Day Comply or Vacate etc. must additionally include the following language:

If you need help understanding this notice or information about your renter rights, call the Renting in Seattle Helpline at (206) 684- 5700 or visit the web site at www.seattle.gov/rentinginseattle.

RIGHT TO LEGAL COUNSEL: CITY LAW PROVIDES RENTERS WHO ARE UNABLE TO PAY FOR AN ATTORNEY THE RIGHT TO FREE LEGAL REPRESENTATION IN AN EVICTION LAWSUIT.

Your landlord must have registered your rental unit with the City before they can issue a notice unless the unit is exempt.

Call the Renting in Seattle Helpline (206) 684-5700 if you would like assistance reviewing a notice. You can also call 2-1-1 for information about free or low-cost legal services. The following are the most common types of notices.

Notice of a Housing Cost Increase

"Housing costs" include rent and any monthly fees you pay your landlord, like storage or parking. Utility charges based on usage are not included in this type of notice. An exception is if your landlord was previously responsible for paying them and now wants to charge utilities directly to you. In that case, the landlord is required to give you notice of this type of housing cost increase. If you already pay for utilities, but there is going to be a change in the billing, like paying a different company, for example, your landlord is required to provide you with a 30-day notice to change your rental terms.

SEATTLE MUNICIPAL CODE (SMC 7.24.034)

Feesfornoticesandlaterent

To:RentersandLandlordsintheCityofSeattle

If you have a lease agreement for a specific term, the landlord cannot change your housing costs for the duration of that term. If your rental agreement gives you the choice to stay as a month-to-month tenant at the end of the term, and the landlord wants to increase your housing costs at that time, the landlord must send you a housing cost increase notice before the term expires.

Newrulesforalllandlord-issued noticesasofJune6,2023

Nofeesallowedforpreparinganotice

• The landlord must give you written notice a minimum of 60 days prior to a housing cost increase not to include the day of service.

Nofeesallowedfordeliveringanotice

Latefeesforrentcannotexceed$10permonth

• The notice must include language about how to contact the Renting in Seattle Helpline and web site for information about your renter rights. Notices that do not include this information cannot be enforced in Seattle.

Forinformationaboutyourrenterrights,callthe RentinginSeattleHelplineat(206)684-5700orvisit the web site atwww.seattle.gov/rentinginseattle

• It is important to contact the Renting in Seattle Helpline at the time you receive the notice of increase if it is deficient. Paying the new increase likely means you agreed to it.

Since June, 2023 your landlord cannot charge you for preparing or delivering a notice and late fees are limited to $10 a month.

• Increases can only begin at the start of a rental period. For example, if your rent is due on the 1st of the month and your landlord gives you a 60-day notice of rent increase on January 5th, the earliest the increase could take effect would be April 1st as there would not be a minimum of 60 days before March 1st .

Call the Helpline (206) 684-5700 if you would like assistance reviewing a notice. You can also call 2-1-1 for information about free or low-cost legal services. The next section discuss the most common types of notices.

• No increase can take effect if your rental unit does not meet the minimum housing code requirements under the Rental Registration and Inspection Ordinance. See www.seattle.gov/rrio and search under rental registration. You must notify your landlord in writing and contact the Renting in Seattle Helpline to schedule an inspection prior to when the increase goes into effect.

Notice of a Housing Cost Increase

“Housing costs” include rent and any monthly fees you pay your landlord, like storage or parking. Utility charges based on usage are not included in this type of notice. If you already pay for utilities, but there is a change to a different billing company for example, your landlord is required to provide you with a 30-day notice to change your rental terms.

If you have a lease for a specific term, the landlord cannot change your housing costs for the duration. If your rental agreement gives you the choice to stay as a month-to-month tenant at the end of the term, and the landlord wants to increase your housing costs at that time, the landlord must send you a housing cost increase notice before the term expires.

• All housing cost increases require a minimum of 180 days’ advance notice

• The notice must include required language (see pg. 36) about tenant rights and information

• Call the Helpline (206) 684-5700 to see if the increase notice is valid. Paying the new rent amount may imply you agree to the increase.

• Increases must coincide with the start of a rental period. For example, If your rent is due on the 1st and your landlord gives you a 180 day notice on January 5th, the earliest the increase could take effect would be August 1st.

• No increase is allowed if your rental unit does not meet the Rental Registration and Inspection Ordinance (RRIO). See www.seattle.gov/rrio. You must notify your landlord in writing and contact the Helpline to schedule an inspection before the increase goes into effect.

Economic Displacement Relocation Assistance ordinance (EDRA)

Income-qualified tenant households (at or below 80% AMI adjusted annually) whose housing costs are raised by 10% or more in a year, are eligible for relocation assistance to move.

• Households that apply must have a notice of housing cost increase dated July 1, 2022 (or later).

• The 10% increase can be a single increase or a combination of increases that take effect within the same 12 month period.

• Relocation assistance is approximately 3x monthly housing cost and is advanced by the City to qualified households.

• To learn more or to apply for EDRA visit www.seattle.gov/rentinginseattle/edra or call the helpline if you do not have access to the internet.

Notice of Changes to the Terms of Your Rental Agreement

If you signed a rental agreement for a fixed term, also known as a lease, the terms cannot change until the lease expires unless both you and your landlord mutually agree otherwise. If you have a month-to-month rental agreement, the landlord can change the terms with a notice 30 days before the start of a new rental period.

Changes might include rules around smoking, guests, or pets to name some examples. Any changes that increase your housing costs must comply with the housing cost increase notice requirements. See pg. 38.

Notice of Intent to Enter

Your rental agreement gives you the right to control access to your home. That means the landlord cannot enter without proper notice unless there is an emergency situation. The landlord has a right to seek access for repairs, inspections, or showing the unit to prospective tenants or contractors. Your landlord needs to give you:

• At least 2 days’ notice for agreed upon or necessary repairs or inspections (minimum 48 hours)

• At least 1 days’ notice for showing the unit (minimum 24 hours)

Notices to enter must include:

• The date the landlord wants to come in

• The earliest and latest time that they may arrive

• A telephone number you can call in case you need to reschedule

If the date or time does not work for you and you have a valid reason for not wanting to give the landlord access, you should provide dates and times that will work. Valid reasons might be that you have planned a family event in your home at that time or you want to be there during access and need more notice to take time off work.

Your landlord can issue you a 10 Day Notice to Comply if you fail to grant reasonable access.

Notice to Comply or Vacate (10 Days)

TIP:

A landlord will use a 10-day notice when you violate the rental agreement. Examples might include:

• Smoking in a non-smoking unit/building

The law requires both parties to be reasonable and act in good faith. You and your landlord should make every effort to have clear, respectful communication. Consider the other person’s needs, and find agreement on the reason, time, and manner to enter your home. Make sure you document the communication to show you have been co-operative.

• Keeping a pet when no pets are allowed

• Creating loud noise during quiet hours

In cases of an emergency, a landlord can enter the tenant’s unit without notice. Examples of an emergency may include:

• A major plumbing leak

• A fire

The notice needs to state clearly what you have done to violate the rental agreement and what you need to do to comply with the notice. The 10-day period for compliance includes weekends. If you are a month-to-month tenant, receiving 3 or more 10-day notices in a 12-month period can be a just cause reason for the landlord to terminate your rental agreement.

Notice to Pay or Vacate (14 Days)

• Police wellness check of the tenant (that requires the landlord to allow officers to enter the unit)

A landlord will use a 14-day notice when rent, utilities, or installment payments are late. Those are the only charges permitted on this type of notice. It allows a very small window of time to pay what you owe.

• You should do whatever you can to pay within that time.

In cases of abandonment, a landlord can enter if they have given notice to enter and received no response after several attempts and evidence exists to reasonably indicate abandonment.

Evidence of abandonment include two or more of the following:

• Your landlord has not received a rent payment

• If you anticipate not being able to pay your rent on time, it is usually best to let your landlord know beforehand. Your landlord may even consider agreeing to a payment plan. You have nothing to lose by asking the landlord to work with you; the worst that can happen is that your landlord says no. Often, your landlord will appreciate you being proactive when you have an issue paying your rent if it is not an ongoing problem.

• Your mail has not been collected

• Your utilities have been disconnected for non-payment

• If you need help with paying your rent, call 2-1-1 for a list of resources that may be able to help. See pledges of rent assistance on pg. 42. If you can secure some financial help from a third party, it may also give you a little extra time.

Pay attention to the date rent is due on your rental agreement. Rent is usually due on the first of the month. It's common to see late fees assessed on the third or fifth day. This does not mean you get a "grace period" which is a common misconception some renters have. It just means you can't be charged a late fee until then. You can receive a 14-day notice any time after midnight of the day the rent is due.

Notice to Comply or Vacate (10 Days)

Notice to Quit for Waste or Nuisance (3 Days)

A landlord will use a 10-day notice when you violate the rental agreement. Examples might include:

• Smoking in a non-smoking unit/building

• Keeping a pet when no pets are allowed

• Creating loud noise during quiet hours

A landlord will use this 3-day notice in very serious situations, like when criminal activity occurs on the property or severe damage is caused to the rental unit. There is no cure for this notice; the only way to comply is to move out or secure an attorney immediately to defend you in an eviction lawsuit. Landlords must provide a copy of notices for criminal activity to the Seattle Department of Construction and Inspections. There needs to be clear evidence that this type of notice is appropriate for the circumstances.

Notice to Terminate Tenancy for Just Cause

The notice needs to state clearly what you have done to violate the rental agreement and what you need to do to comply with the notice. The 10-day period for compliance includes weekends.

• 3 or more 10-day notices within a 12 month period is just cause for termination of a month-to-month tenancy or non-renewal of your lease.

There are specific just cause reasons a landlord can use to terminate a month-to-month rental agreement in Seattle. The notice period required depends on the just cause.

Notice to Pay or Vacate (14 Days)

The Just Cause Eviction Ordinance is discussed under the ‘Moving Out’ section pg. 46.

A landlord will use a 14-day notice when rent, utilities, or installment payments are late. Those are the only charges permitted on this type of notice. It allows a very small window of time to pay what you owe.

• You should do whatever you can to pay within that time.

• If you anticipate not being able to pay your rent on time, it is usually best to let your landlord know beforehand. Your landlord may agree to a payment plan, the worst that can happen is that your landlord says no.

• If you need help with paying your rent, call 2-1-1 for a list of rent help resources. See pledges on pg. 42. If you can secure some financial help from a third party, it may also give you a little extra time.

• 4 or more 14-day notices within a 12 month period is just cause for termination of a month-to-month tenancy or non-renewal of your lease.

Tip:

Pay attention to the date rent is due on your rental agreement. Rent is usually due on the first of the month. It’s common to see late fees assessed on the third or fifth day. This does not mean you get a “grace period” which is a common misconception some renters have. It just means you can’t be charged a late fee until then. You can receive a 14-day notice any time after midnight of the day the rent is due. See late fee pg. 37

Notice to Quit for Waste Nuisance or Criminal Activity (3 Days)

A landlord will use this 3-day notice in very serious situations, like when criminal activity occurs on the property or severe damage is caused to the rental unit. There is no cure for this notice; the only way to comply is to move out or secure an attorney immediately to defend you in an eviction lawsuit.

Landlords must provide a copy of notices for criminal activity to the Seattle Department of Construction and Inspections. There needs to be clear evidence that this type of notice is appropriate for the circumstances.

Notice to Terminate Tenancy for Just Cause

There are specific just cause reasons a landlord can use to terminate a month-tomonth rental agreement in Seattle. The notice period required depends on the specific just cause.

The Just Cause Eviction Ordinance is discussed under the ‘Moving Out’ section pg. 46.

Notice of Intent to Sell

Owners of properties with two or more rented units, with at least one unit rented at 80% AMI (average median income) must notify Seattle Office of Housing of their intent to sell at least 90 days before listing the building.

The City, in partnership with the Seattle Housing Authority and community providers, can use the notification information to evaluate properties and deploy a range of property preservation tools, including incentives and acquisition.

This also provides notice to tenants who may be affected by the sale.

Visit www.seattle.gov/housing/intent-to-sell to learn more.

Pledges of Rent Assistance

If you are behind on rent and receive a 14-day notice to pay or vacate, your landlord must accept a written pledge of payment from a third party. A third party can be a church or a non-profit.

• The pledge must be in writing

• The pledge must be received before the 14-day notice expires

• The source must commit to paying the pledge within 5 days

• The source must not commit the landlord to anything other than providing information for payment

• The payment must be enough to allow you to become current on all costs on its own or in combination with other sources of income or subsidies

Good to Know!

There are additional state laws that require landlords accept pledges of assistance even after a 14- day notice expires right up through the eviction court process. These protections are not enforced by the City. (See RCW 59.18.410)

Domestic Violence Victim Protection

• Tenants experiencing domestic violence cannot be held liable for damages to their rental unit caused by their abuser.

• The tenant must provide documentation to the landlord that they or an occupant was a victim of domestic violence and the perpetrator caused the damage.

• The documentation must be signed by a qualified 3rd party Seattle Police Department, Licensed mental health professionals, domestic violence program advocates, clergy, social service case managers.

MOVING OUT

Most rental agreements will state how you must give notice to your landlord when you want to move out. If you are a month-to-month tenant, you need to inform your landlord in writing a minimum of 20 days before the end of the month you want to leave. For example, if you wanted to move out by July 31, the landlord must be in receipt of your notice not later than July 11.

Remember if you don’t provide proper notice, you may be responsible for rent for the next monthly rental period.

Receiving Notice to Move Out

If your landlord unexpectedly issues you a notice to terminate your rental agreement, review it right away. Notices given in the Seattle must comply with City regulations. For help to review your notice call the Helpline at (206) 684-5700.

If your landlord unexpectedly issues you a notice to terminate your rental agreement, review it right away. Notices given in the City of Seattle must comply with both state and City regulations. If you need help to review the notice and to understand whether it's valid, you can call the Renting in Seattle Helpline at (206) 684-5700.

• If you are a month-to-month tenant or you have a lease that automatically converts to a month-to-month agreement your landlord must give you a just cause reason to terminate your tenancy.

• If you have a rental agreement for a term, check where it says how the agreement will end.

• If you have a terminating lease agreement, the landlord must make a reasonable renewal offer 60-90 days prior to the expiration date or give a just cause for non-renewal.

Good to know

• If you are a month-to- month tenant OR you have a rental agreement for a term that automatically converts to a month-to- month agreement your landlord must give you a just cause reason to terminate your tenancy.

landlords that share their home or live on the same property as their tenants have just cause to terminate a month-to-month tenancy with 20 days’ notice and can decline to renew a lease when it expires.

Just Cause Eviction Ordinance

Just Cause Eviction Ordinance

Seattle’s Just Cause Eviction Ordinance is the single most important protection for renters because it prevents arbitrary eviction. It requires landlords to have 1 of 16 ‘Just Cause’ reasons if they want to end your month-to-month rental agreement. Your landlord must give you a written notice commonly called a ‘Notice to Terminate Tenancy’ and state the specific cause. The amount of advance notice depends on the specific cause. Unless otherwise stated, a minimum of 20 days’ notice is required.

Seattle’s Just Cause Eviction Ordinance prevents arbitrary eviction of renters. It requires landlords to have a legal reason or just cause to terminate to your month-to-month rental agreement or decline to renew your lease. Your landlord must give you a written notice commonly called a Notice to Terminate Tenancy and state the specific just cause. The amount of advance notice depends on the specific cause. Unless otherwise stated, a minimum of 20 days’ notice before the end of the rental period is required. The following are the only just cause reasons your landlord can terminate your month-by-month rental agreement.

• Late rent: you receive a 14-day notice to pay or vacate and fail to comply.

• Late rent: you receive a 14-day notice to pay or vacate and fail to comply.

• Late rent habitual failure: you receive 4 or more 14-day pay or vacate notices in the most recent 12-month period for late rent.

• Habitual failure to pay rent on time. You receive 4 or more 14-day pay or vacate notices in the most recent 12 month period for late rent.

• Violation of your rental agreement: you receive a 10-day notice to comply with the rules of your rental agreement or vacate and you fail to comply.

• Violation of your rental agreement: You receive a 10-day notice to comply with the rules of your rental agreement or vacate and you fail to comply.

• Failure to comply habitual failure: you have received 3 or more 10-day notices to comply or vacate in the most recent 12-month period for failure to comply with the rules of your rental agreement.

• Habitual failure to comply with your rental agreement. You have received 3 or more 10-day notices to comply or vacate in the most recent 12-month period for failure to comply with the rules of your rental agreement.

• Your landlord or a member of their immediate family needs to move into your unit. This requires a 90-day notice. Your landlord can be required by the City to certify (sign a sworn declaration) if they use this just cause and you suspect they do not intend to occupy your unit or move a qualified family member in when you move out.

• Your landlord or a member of their immediate family needs to move into your unit. This requires a 90-day notice. Your landlord can be required by the City to certify (sign a sworn declaration) if they use this just cause and you suspect they do not intend to occupy your unit or move a qualified family member in when you move out.

• Your landlord wants to sell the unit you rent. This requires a 90-day notice and only applies to single-family dwelling units, defined by City code as detached structures that contain one dwelling unit. If you live in a condo, apartment, duplex, triplex, or townhome, your landlord cannot use this as a just cause reason to end your rental agreement.

• Your landlord wants to sell the unit you rent. This requires a 90-day notice and only applies to single-family dwelling units, defined by City code as detached structures that contain one dwelling unit. If you live in a condo, apartment, duplex, triplex, or townhome, your landlord cannot use this as a just cause reason to end your rental agreement.

• Your occupancy of a unit depends on being employed on the property and your employment is terminated. This would typically apply to property managers who live on site.

• Your occupancy of a unit depends on being employed on the property and your employment is terminated. This would typically apply to property managers who live on site.

• Your landlord rents a portion of their own home or an accessory dwelling unit to their own home and no longer wishes to share with you.

• Your landlord rents a portion of their own home or an accessory dwelling unit to their own home and no longer wishes to share with you.

• Your landlord wants to substantially remodel your unit or the building where you live displacing you permanently. This requires your landlord to apply to the City for a relocation license which is approximately a 6-month process. The license requirements include giving you an information packet and paying you relocation assistance if your income is at or below 50% of the median income for King County.

• Your landlord wants to substantially remodel your unit or the building where you live displacing you permanently. This requires your landlord to apply to the City for a relocation license which is approximately a 6-month process. The license requirements include giving you an information packet and paying you relocation assistance if your income is at or below 50% of the median income for King County. For more details, read the Tenant Relocation Assistance webpage at www.seattle.gov/rentinginseattle.

• Your landlord wants to demolish the property where you live or change the use to non-residential. This requires a relocation license the same as displacement from a substantial remodel. See above.

• Your landlord wants to demolish the property where you live or change the use to non-residential. This requires a relocation license the same as displacement from a substantial remodel. See above.

• Your landlord wants to change the use of the building to non-residential. This requires a relocation license the same as displacement from a substantial remodel. See above.

• Your landlord wants to convert your unit to a condo or a co-op. These conversions require their own procedure under the Condominium Conversion Ordinance and Co-operative Conversion Ordinance.

• Your landlord wants to convert your unit to a condo or a co-op. These conversions require their own procedure under the Condominium Conversion Ordinance and Co-op erative Conversion Ordinance SMC 22.903.030 and SMC 22.903.035.

• Your landlord wants to convert your unit to a condo or a co-op. These conversions require their own procedure under the Condominium Conversion Ordinance and Co-operative Conversion Ordinance SMC 22.903.030 and SMC 22.903.035.

• Your landlord receives a notice of violation for housing standards in a permitted accessory dwelling unit and wants to discontinue renting it. The landlord must pay you relocation assistance in the amount of $2,000 or the equivalent of 2 months’ rent two weeks before you move out.

• Your landlord receives a notice of violation for housing standards in a permitted accessory dwelling unit and wants to discontinue renting it. The landlord must pay you relocation assistance in the amount of $2,000 or the equivalent of 2 months' rent two weeks before you move out.

• Your landlord receives a notice of violation for an unauthorized housing unit, commonly called an “illegal unit,” and must discontinue renting your unit. The landlord must pay you relocation assistance of either $2,000 or the equivalent of 2 months’ rent 2 weeks before you move out.

• Your landlord receives a notice of violation for an unauthorized housing unit, commonly called an "illegal unit," and must discontinue renting your unit. The landlord must pay you relocation assistance of either $2,000 or the equivalent of 2 months' rent 2 weeks before you move out.

• Your landlord must reduce the number of renters in a dwelling unit to comply with the legal limit. This requires a 30-day notice and payment of relocation assistance of $2,000 or the equivalent of 2 months’ rent 2 weeks prior to move out.

• Your landlord must reduce the number of renters in a dwelling unit to comply with the legal limit. This requires a 30-day notice and payment of relocation assistance of $2,000 or the equivalent of 2 months' rent 2 weeks prior to move out.

• Your landlord is issued an emergency order by the City to vacate and close your housing unit due to hazardous conditions. The notice requirement depends on the specific circumstances of the emergency, but it is always a very short period of time. You may get relocation assistance if the emergency condition is found to be the landlord’s responsibility. Relocation assistance is adjusted for cost of living each year.

• Your landlord issues you a 3 Day Notice to Quit for engaging in criminal activity on the property. The landlord must specify the crime and facts supporting the allegation in the notice of termination and provide a copy to the City.

• Your landlord is issued an emergency order by the City to vacate and close your housing unit due to hazardous conditions. The notice requirement depends on the specific circumstances of the emergency, but it is always a very short period of time. You may get relocation assistance if the emergency condition is found to be the landlord's responsibility. Relocation assistance is adjusted for cost of living each year.

Good to Know!

Your just cause rights cannot be waived. Any rental agreement that attempts to do so is unenforcable.

• Your landlord issues you a 3 Day Notice to Quit for engaging in criminal activity on the property. The landlord must specify the crime and facts supporting the allegation in the notice of termination and provide a copy to the City.

It is a violation of the Just Cause Eviction Ordinance for a landlord to rely on a just cause reason to end a rental agreement and fail to follow through, whether that means not moving into the unit, not listing it for sale, etc. Fines and penalties will apply, and renters have the right to sue for $2,000 in damages in Small Claims Court.

Notices to terminate a tenancy must include specific language (see pg. 36) and information. If you receive a notice, contact the Helpline at (206) 684-5700 for help to determine if it is a proper notice.

Defenses to eviction

Good to Know!

Winter Eviction

Your just cause rights cannot be waived. Any rental agreement that attempts to do so cannot be enforced. If you are a month-to- month tenant for any period of time in your rental unit you have just cause rights.

The winter eviction defense ordinance exists to protect vulnerable renters in Seattle from being made homeless during the coldest weather months. Between December 1st and March 1st moderate income households can rely on this defense to eviction except for the following:

• The landlord owns less than four rental units within the City of Seattle.

• The owner or a member of their immediate family needs to occupy the rental unit.

It is a violation of the Just Cause Eviction Ordinance for a landlord to rely on a just cause reason to end a rental agreement and fail to follow through, whether that means not moving into the unit, not listing it for sale, etc. Fines and penalties will apply, and renters have the right to sue for $2,000 in damages in Small Claims Court.

• The owner wishes to sell the rental unit.

Notices to terminate a tenancy must include specific language and information. If you receive a notice, contact the Renting in Seattle Helpline at (206) 684-5700 for help to determine if it is a proper notice.

• The City requires the owner to discontinue renting the unit (for various reasons). In some cases, displaced tenants are paid relocation assistance

• The owner issues a 3 Day Quit notice for criminal activity, nuisance/waste or for posing an imminent threat to health and safety and filed a copy with the City.

Winter Eviction

If you need help with rent or move-in assistance, call 2-1-1 for a comprehensive referral list to agencies with funds and other resources.

School Year Eviction

The winter eviction bill exists to protect vulnerable renters in Seattle from being made homeless during the coldest weather months. Between December 1st and March 1st moderate income households can use the bill as a defense to eviction except for the following:

If your household has students (daycare - high school), educators, or educational support staff, you may raise this as a defense to eviction during the Seattle School District calendar year. The following exceptions apply:

• The landlord owns less than four rental units within the City of Seattle.

• The owner or their immediate family needs to occupy the rental unit

• The owner or a member of their immediate family needs to occupy the rental unit

• The City requires the owner to discontinue renting the unit for various reasons (in some cases displaced tenants are paid relocation assistance)

• The owner wishes to sell the rental unit

• The City requires an owner to reduce the number of tenants in a unit.

• The owner issues a 3 Day Quit notice for criminal activity, nuisance/waste or for posing an imminent threat to healthy and safety

• The owner is required to discontinue renting the unit by the City

Covid-19 related economic hardship

• Drug-related or criminal activity

* Experienced during the Civil Emergency period

Other Eviction Defenses

• Unlawful business and or unsafe conduct that poses an imminent threat to the health and safety of other renters and or the landlord

Exist in City code typically due to some failure by the landlord, such as failure to register the rental property, or failure to certify a just cause termination, as examples.

If you need help with rent assistance call 2-1-1 for a comprehensive referral list to agencies with funds and other resources.

Unlawful Detainer

An eviction, or unlawful detainer, is the legal process a landlord must follow to ask a court to restore their possessory right to a rental unit. It is illegal for a landlord to attempt to evict a tenant without going through the unlawful detainer process. Actions like changing the locks, removing tenant’s belongings, or disconnecting utilities are all strictly prohibited.

Before the court process can begin, the landlord must first give you a notice. The notice may attempt to end your rental agreement for just cause, collect late rent, or enforce the rules of your rental agreement. See types of notices on pg.36. If you fail to comply with a valid notice, the landlord can then proceed with an with an unlawful detainer lawsuit which asks the court to restore possession of the rental unit to the owner. The landlord must attempt to serve you a court document called summons and complaint that explains the just cause reason or reasons they have to evict you. Often it will ask for legal costs in addition to the eviction order.

It is extremely important that you seek advice from a qualified attorney immediately after receiving a summons and complaint. The document will contain a deadline for your response. If you do not respond by that deadline, you could be evicted by default.

The City partners with the Housing Justice Project to provide a right to counsel for any tenant household being evicted that can’t afford an attorney.

To access your right to counsel, you can contact HJP in four different ways: Complete an online form on www.kcba.org to request legal assistance. Call (206) 580-0762 to leave a message. Email hjpstaff@kcba.org. Visit the walk-in legal clinic M-F, 9am-12pm at the King County Courthouse in Seattle.

Return of Your Security Deposit

When you move out, you must return the rental unit to the same condition as when you rented, except for reasonable wear and tear. Reasonable wear and tear naturally occurs over time through normal usage. Examples are paint fading, scuff marks on linoleum, wear patterns on carpet, etc. Damage, on the other hand, generally occurs suddenly and as a result of negligence, misuse, or by accident. Examples are holes in the wall, broken windows, or burn marks on surfaces.

Your landlord must use the checklist you both signed at the time you moved in to determine if you are responsible for damage to the unit. The landlord is not required to do an exit walk-through with you, but you can ask for one if you think it’s useful. It’s always a good idea to take pictures of the unit to document the condition you returned it in, including cleanliness. If your landlord charged you for cleaning when you moved in, you cannot be charged for cleaning at move out. If you owe outstanding utility charges, your deposit may be used to cover those.

1. Your landlord has 30 days from your move-out to return your deposit and /or provide you with a statement specifying the basis for retaining any portion of your deposit. Be sure to return all keys to clearly signal that you are restoring possession to the owner.

2. If the landlord needs additional time to get quotes for repair or for a final utility bill to arrive, they must notify you within the 30-day period.

3. Your landlord must consider depreciated value when calculating deductions for damage. For example, the age, condition and useful life remaining of flooring, appliances etc. must be factored into assessing charges for damage.

4. It’s your responsibility to provide your landlord a correct mailing address for your deposit refund. If you don’t, the landlord must use your last known mailing address.

Final Thoughts

Our homes are fundamental to our sense of security and quality of life. Regulations and fair housing laws exist to protect your right to a safe and healthy environment where you are entitled to the quiet enjoyment of your home.

Having a positive business-like relationship with your landlord contributes to the stability of your rental agreement. Sometimes when conflicts arise, you may have reason to seek information, guidance and even intervention. The Renting in Seattle Helpline (206) 684-5700 is your valuable resource for help whether you are just looking for information or you are ready to make a complaint.

The City protects your ability to exercise your renter rights. Your landlord cannot prevent you from communicating and organizing with other tenants in your building, distributing leaflets or holding meetings. Retaliation by your landlord for exercising your housing rights is strictly prohibited and could result in fines, penalties and/or investigation.

We hope this Renter’s Handbook is a useful reference tool. Being informed about your rights and responsibilities is important for the success of your renting experience. Everyone deserves a happy and healthy home.

Renter Resources

2-1-1

Clearinghouse for comprehensive information and referral to financial assistance, legal help, and housing advocacy resources in King County.

Be:Seattle

Provides renter bootcamps and grassroots tenant organizing.

https://beseattle.org

206-487-4060

Housing Justice Project King County Bar Association

Provides legal representation for low-income tenants facing eviction.

516 Third Ave Suite W-314, Seattle, WA 98104

https:/housingjusticeproject.org

206-580-0762

Interim Community Development Association

Provides homeless prevention and housing services for low-income Asian, Pacific-Islanders, immigrant and refugee communities.

601 S King St, Seattle, WA 98104

https://interimcda.org/ 206-623-5132

Queer Power Alliance

Promoting fair and equitable housing access for LGBTQIA community. Provides tenant education workshops and support.

https://queerpoweralliance.org/

1200 12th Ave S Suite 1101, Seattle, WA 98144

206-395-6658

Solid Ground

Solid Ground works to keep people in their current homes through information, advocacy, case management and limited financial support.

1501 N 45th Street, Seattle, WA 98103

https://www.solid-ground.org/ 206-694-6700

Somali Community Services of Seattle

Non-profit organization that works to improve the quality of life for low-income families and members of the Somali refugee and immigrant community. 8810 Renton Ave S, Seattle, WA 98118

https://www.somcss.org/ 206-760-1181

Tenant Law Center Catholic Community Services of Western Washington

Provides legal services to low-income tenants facing eviction, subsidy termination and needing reasonable accommodation requests.

100 23rd Ave S, Seattle, WA 98144

https://ccsww.org/get-help/specialized-services/tenant-law-center/ 206-580-0762

Tenants Union of Washington

Provides tenant counseling services, political advocacy and tenant organizing help. 5425 Rainier Ave S, Suite B, Seattle, WA 98118

https://tenantsunion.org/ 206-723-0500

United Indians of All Tribes Foundation

Homeless Prevention Program

Social service provider, community center, and cultural home for urban Indians.

5011 Bernie Whitebear Way, Seattle, WA 98199 (Discovery Park)

https://unitedindians.org

206 285 4425

Villa Comunitaria

Helps Latinx immigrants navigate the complexities of the United States immigration, housing, health, education, and legal system so they can thrive and prosper.

8201 10th Ave South, Suite 8, Seattle, WA 98108

https://villacomunitaria.org

206-767-7445

Washington Law Help

Free legal information and self-help court forms written by lawyers to guide you through the court processes of eviction and security deposit disputes

https://washingtonlawhelp.org/

Move-In

Notes

Notes

RENTING IN AUBURN: A GUIDE FOR LANDLORDS AND TENANTS

This summary of the City of Auburn’s Rental Housing Code, chapter 5.23 of the Auburn City Code (ACC), Washington State Residential Landlord-Tenant Act (RCW 59.18, RLTA), Forcible Entry and Forcible and Unlawful Detainer (RCW 59.12), and Auburn Building and Property Maintenance Code (chapter 15.20 ACC) must be provided to tenants by owners of residential rental property located in Auburn city limits. Please note that City and State laws may not be identical on any particular topic; therefore, both sets of laws should be consulted. Additional information may be required by state law: landlords and tenants operating within the City of Auburn have an independent obligation to comply with all laws.

This handbook is for general educational and informational use only, it is not legal advice. It is not a substitute for the advice of an attorney. If you have a specific legal question, you should contact an attorney.

The information in this handbook is accurate as of October 12, 2020

The code provisions in chapter 5.23 ACC affect all rental agreements offered after October 15, 2020, whether or not the agreement is for a new or a renewal agreement

The code provisions apply as of October 15, 2020 to month-to-month or oral rental agreements and are not retroactive.

City of Auburn Building and Property Maintenance Code

Property Maintenance Standards

The City of Auburn has adopted the International Property Maintenance Code (IPMC). This code establishes basic quality of life standards that property owners must adhere to and that occupants of buildings should expect. These standards apply to the exterior site as well as the interior of buildings. The city uses these codes to ensure that properties do not become attractive to rodents and pests, to ensure that a site is safe, that basic water and heat are provided to occupants, and that interior spaces are not overcrowded, unhealthy, or unsafe.

While the City has adopted the IPMC, we have done so by reference. This means that instead of putting all of the rules into the city’s code, we instead refer to the IPMC which is a separate standalone document. This document is updated every 3 years.

If you would like to learn more about these rules, here are some helpful resources:

• Chapter 15.06 of the Auburn City Code

• https://codes.iccsafe.org/content/IPMC2015

The IPMC is authored and updated by the International Code Council. The City has printed copies of the IPMC that are also available for viewing or purchase.

Healthy Housing Standards

The City of Auburn has adopted the 2014 National Healthy Housing Standards. The standards provide health-based measures to fill gaps where no property maintenance policy exists and also serves as a complement to the IPMC and other housing policies. The standards outline duties and responsibilities of owners and occupants; structure, facilities, plumbing and space requirements; safety and personal security; lighting and electrical systems; thermal comfort, ventilation, and energy efficiency; moisture control, solid waste, and pest management; and chemical and radiological agents.

If you would like more information about these rules, here are some helpful resources:

• Chapter 15.06 of the Auburn City Code; Section ACC 15.06.010.N is where you will find the language that adopts the Healthy Housing Standards

• https://nchh.org/tools-and-data/housing-codetools/national-healthy-housing-standard/

The National Healthy Housing Standards are developed and maintained by the National Center for Healthy Housing

Outline of Auburn’s Rental Housing Policy (chapter 5.23 ACC)

Distribution of Information (ACC 5.23.030)

In order to ensure tenants have the information needed to assist them in both seeking and living in rental housing, ACC 5.23.030 requires landlords to provide tenants with information at three different phases of the rental process:

First, at time of application the landlord must provide the tenant with their written rental criteria and the website address designated by the City (auburnwa.gov/renting) for the purpose of obtaining information on:

- Local code enforcement action relating to the property

- Website address to the Washington Secretary of State for the purposes of registering to vote or changing address if already registered to vote.

Second, when a rental agreement/lease is offered, the landlord must provide the tenant with a written copy of the summaries prepared by the City, which includes information on the following1:

- Rental Housing Code (ACC 5.23)

- Auburn Building and Property Maintenance Code

- Washington State Residential Landlord-Tenant Act (RCW 59.18)

- Forcible Entry and Forcible Unlawful Detainer (RCW 59.12)

Third, during tenancy, landlords must provide tenants with a notice of resources prepared by the City when the landlord serves any notice to a tenant under RCW 59.12.030 which include:

- 14-day pay or vacate

- 3-day for waste or nuisance

- 10-day comply or vacate

- Notice to terminate tenancy

The “Notice of Resources” forms can be accessed in the Landlord Resources section on the City’s Renting in Auburn: a Guide for Landlords website.

Deposits (ACC 5.23.040)

- A landlord cannot collect a security deposit unless the following requirements are met:

▪ Rental agreement is in writing;

▪ 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, counter tops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the beginning of the tenancy;

▪ The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement;

▪ Security deposit must be placed in a trust account and provide a written receipt and notice of the name, address, and location of the depository and any subsequent change thereof to the tenant, in compliance with the requirements of RCW 59.18.270.

▪ The total amount of any security deposit and fees paid to the landlord at the commencement of tenancy cannot exceed the monthly rent.

▪ However, an additional security deposit may be added for tenants that have pets provided that those deposits are reasonable and do not embed other types of deposits or fees.

Installment Payments (ACC 5.23.040)

If the total amount of a security deposit and nonrefundable move-in fees exceeds 25% of the first full month’s rent, and payment of last months’ rent is required at inception of tenancy, a tenant may request in writing to pay the total amount in installments as follows:

- For tenancies that are three (3) months or longer, a tenant may elect to pay in three (3) consecutive and equal monthly installments beginning at the commencement of the tenancy.

- For two (2) month or month-to-month tenancies, a tenant may elect to pay in two (2) equal installments, with the first payment due at the commencement of the tenancy.

1 Landlords are required to provide copies of summaries to existing tenants within 30 days of them being made available by the City of Auburn. The initial distribution of information to tenants must be in written form and landlords must obtain tenant’s signature documenting receipt of such information. If a tenant refuses to provide a signature documenting the tenant's receipt of the information, the landlord may draft a declaration stating when and where the landlord provided

tenant with the required information. After the initial distribution of the summaries to tenants, a landlord shall provide existing tenants with updated summaries by the City, and may do so in electronic form unless a tenant otherwise requests written summaries.

- Failure to pay an installment of the security deposit, non-refundable fees and/or last months’ rent is a breach of the rental agreement and may subject the tenant to a 10-day comply or vacate notice issued pursuant to RCW 59.12.030(4) and shall mean entire amount of any outstanding payments shall become due when next rent payment is due, unless otherwise agreed to in writing by the landlord and tenant.

- The actual cost of obtaining a tenant screening report cannot be included in the installment payments.

- Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments. Installment payments are due at the same time as rent is due. All installment schedules must be in writing, signed by both parties.

Late Fees (ACC 5.23.040)

- Fees imposed for late payment of rent cannot exceed ten dollars ($10.00) per month.

- No other fees may be charged for late payment of rent, including for the service of any notice required under state law, or any legal costs, including court costs and attorney’s fees, unless such fee is agreed to in writing signed by landlord and tenant at the time of entering into the initial lease or rental agreement.

Notice to Increase Rent (ACC 5.23.040)

- Landlords are required to provide a minimum of 120 days’ prior written notice to a tenant who is on a month-to-month rental agreement, whenever the monthly housing costs to be charged a tenant will increase by more than 5%.

- If on a fixed term lease the housing cost cannot be increased during the lease period, unless the agreement includes agreed-upon rent increases during the term of the tenancy or agreement. Landlords are required to provide 120 days’ prior notice to a fixed term tenant if the rent for the following term lease will increase by more than 5%.

- If the tenant is living in subsidized housing where the amount of rent is based on the income of the tenant, the landlord is required to provide a minimum of 30 days’ prior written notice to the tenant of the increase in the amount of rent.

Notice Requirement Generally - Reasonable Accommodation Request (ACC 5.23.050)

A tenant with a disability has the right to request in writing reasonable accommodation(s) for the landlord to serve any notices required by this chapter in formats other than as outlined in this code. Landlords shall review and comply with all reasonable accommodation requests, as required in ACC 5.23.050, received from a tenant.

Notice of Proposed Sale (ACC 5.23.060)

Owners of multifamily rental housing must notify the City of their intent to sell the building 60 days prior to the building being listed with any real estate service or advertised for sale, if:

- The building has five or more housing units, and

- Any one of the housing units rents for an amount that is affordable to households at or below 80% area median income, as most recently determine by the United States Department of Housing and Urban Development

This requirement does not apply if:

- The property is being transferred to family members, transferred through will, or will not be listed for sale, or

- The property has 20% or fewer studio units, and the affordability of the studio units is the only trigger to these notice requirements.

For more information on this requirement, including a form to notify the City, please visit auburnwa.gov/renting

Notice to Vacate - Just Cause (ACC 5.23.070)

Landlords are required to have good cause in order to evict, attempt to evict, refuse to renew or continue a tenancy after expiration of the rental agreement, or otherwise terminate or attempt to terminate the tenancy of any tenant. A property owner cannot lawfully evict a tenant if the property is not licensed with the City of Auburn, regardless of whether just cause for eviction exists.

Unless otherwise noted, an owner must give a termination notice at least 20 days before the start of the next rental period, and must state the reason, in writing, for ending a tenancy when giving a termination notice.

The only reasons for which a tenant in Auburn may be required to move are:

1. The tenant fails to pay rent within 14 days of receiving a notice to pay rent or vacate.

2. The owner has notified the tenant in writing of overdue rent at least 4 times in a 12-month period.

3. The tenant does not comply with a material term of a lease or rental agreement under RCW 59.18.130 within 10 days of receiving a notice to comply or vacate.

4. The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a ten-day notice to comply or vacate three or more times in a 12-month period;

5. The owner wishes to occupy the premises personally, or the owner’s immediate family will occupy the unit as that person's principal residence and no

substantially equivalent unit is vacant and available in the same building.

a. This requires 90 days’ advance written notice for termination of or failure to renew tenancy. The Director of Community Development may reduce the time required to give notice to no less than 60 days if the Director determines that delaying occupancy will result in a personal hardship to the owner or to the owner's immediate family.

6. The owner chooses to sell a dwelling unit subject to the provisions of this Chapter.

a. This requires at least 90 days' written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month to month, with the last day of a monthly period. The Director may reduce the time required to give notice to no less than 60 days if the Director determines that providing 90 days' notice will result in a personal hardship to the owner.

7. The tenant's occupancy is conditioned upon employment on the property and the employment relationship is terminated;

8. The owner seeks to do substantial rehabilitation in the building and has obtained at least one permit necessary for the rehabilitation.

a. This requires at least 120 days’ written notice prior to the date set for vacating.

9. The owner seeks to demolish the building, convert it to a cooperative, or convert it to nonresidential use and has obtained at least one permit necessary for the demolition or change of use.

a. This requires at least 120 days’ written notice prior to the date set for vacating.

10. The owner seeks to discontinue use of a housing unit unauthorized by ACC 18 after receipt of a notice of violation;

11. The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one dwelling unit as required by ACC Titles 15 and 18, and

a. The number of such individuals was more than is lawful under the current version of ACC Title 15 or Title 18; and

b. That number has not increased with the knowledge or consent of the owner; and

c. The owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents and

d. The owner has served the tenants with a 30day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit; and

e. After expiration of the 30-day notice, the owner has served the tenants with and the tenants have failed to comply with a ten-day notice to comply with the limit on the number of occupants or vacate, and

f. If there is more than one rental agreement for the unit, the owner may choose which agreements to terminate; provided that, the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the owner's option, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit;

12. An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to ACC 15 and the emergency conditions identified in the order have not been corrected;

13. The owner wishes to terminate a tenant who lives in the same housing unit with the owner; or the owner desires to stop sharing his or her house with a tenant living in an approved accessory dwelling unit (ADU) in an owner-occupied house.

a. This subsection does not apply if the owner has received a notice of violation of the development standards of ACC Title 19;

14. A tenant, or with the consent of the tenant, the tenant's subtenant, sublessee, resident, or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the Community Development Department has recorded receipt of a copy of the notice of termination. For purposes of this subsection a person has "engaged in criminal activity" if he or she:

a. Engages in drug-related activity that would constitute a violation of chapters 69.41,69.50, or 69.52 RCW, or

b. Engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of other tenants or the owner.

If a tenant who has received a notice of termination or nonrenewal of tenancy claiming subsection 5.23.070(A)(5), 5.23.070(A)(6) or 5.23.070(A)(13) as the ground for termination believes that the owner does not intend to carry out the stated reason for eviction and makes a complaint to the Director, then the owner must, within ten days of being notified by the Director of the complaint, complete and file with the Director a certification stating the owner's intent to carry out the stated reason for the eviction. The failure of the owner to complete and file such a certification after a

complaint by the tenant shall be a defense for the tenant in an eviction action based on this ground.

An owner who evicts or attempts to evict a tenant, refuses to renew or continue a tenancy after expiration of the rental agreement, or who terminates or attempts to terminate the tenancy of a tenant using a notice which references subsections 5.23.070(A)(5), 5.23.070(A)(6) 5.23.070 (A)(8) as the ground for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy shall be liable to such tenant in a private right for action for damages up to $2,000, costs of suit, or arbitration and reasonable attorney's fees.

Washington State Residential Landlord-Tenant Act (RLTA), Chapter 59.18 RCW

Owners and tenants have legal responsibilities to each other. The Washington State Residential LandlordTenant Act (RCW 59.18, RLTA) outlines the rights and responsibilities for landlords and tenants. This summary is designed to help owners and tenants gain an understanding of the state rules and regulations affecting housing and provide resources on where to get assistance if needed.

During the Housing Search:

Good Faith Obligation:

State law requires landlords and tenants to act in good faith toward one another. Most tenants who rent a place to live come under the Washington State Residential Landlord-Tenant Act. However, certain renters are specifically excluded from the law.

Residents who are generally not covered by the Act are:

- Renters of a space in a mobile home park are usually covered by the state’s Mobile Home LandlordTenant Act (RCW 59.20). However, renters of both a space and a mobile home are usually covered by the residential law.

- Residents in transient lodgings such as hotels and motels; residents of public or private medical, religious, educational, recreational or correctional institutions; residents of a single family dwelling which is rented as part of a lease of agricultural land; residents of housing provided for seasonal farm work.

- Tenants with an earnest money agreement to purchase the dwelling. Tenants who lease a single family dwelling with an option to purchase, if the tenant’s attorney has approved the face of the lease. Tenants who have signed a lease option agreement but have not yet exercised that option are still covered.

- Tenants who are employed by the landlord, when their agreement specifies that they can only live in the rental unit as long as they hold the job (such as an apartment house manager).

- Tenants who are leasing a single family dwelling for one year or more, when their attorney has approved the exemption.

- Tenants who are using the property for commercial rather than residential purposes.

Rights of All Tenants

Regardless of whether they are covered by the Residential Landlord-Tenant Act, all renters have these basic rights under other state laws: the Right to a livable dwelling; Protection from unlawful discrimination; Right to hold the landlord liable for personal injury or property damage caused by the landlord’s negligence; Protection against lockouts and seizure of personal property by the landlord.

Screening (RCW 59.18.257)

At the time a prospective tenant applies to reside in a dwelling unit and the landlord charges them a screening fee to check their rental history, credit history, and criminal background, the landlord shall:

- Provide the prospective tenant with the landlord’s written rental criteria.

- Provide the prospective tenant informational website address designated by the City for the purpose of providing information about local code enforcement information, and a website address for the Washington Secretary of State for the purpose of providing information on how to register to vote or change their address, if the individual is already registered to vote.

- Charge the actual cost for screening; the landlord cannot make a profit.

- Provide tenant with an adverse action notice if the tenant is denied and where information was obtained that resulted in the denial.

- Provide tenant with an adverse action notice if the landlord takes any other adverse action such as extra deposits or requiring a co-signer.

- If the landlord fails to provide the adverse action letter the tenant can sue the landlord for up to $100.

Illegal Discrimination:

Landlords can use screening criteria according to their own business model. However, the landlord cannot discriminate against protected classes during their screening process.

Federal law [Fair Housing Act 42 USC s. 3601 et.seq. 1988] prohibits most landlords from refusing to rent to a person or imposing different rental terms on a person because of:

- Race

- Color

- Religion

- Sex

- Disability (physical or mental)

- Familial status (having children or seeking custody of children),

- National origin

State law recognizes protection to the same individuals as well as for:

- Marital status,

- Creed,

- Sexual orientation(incl. gender identity)

- Military/Veteran Status

- Source of Income, such as Section 8 vouchers, benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity.

Moving In

Types of Rental Agreements

Month-to-Month Agreement:

- Can be written or oral

- If deposit or non-refundable fee is paid the agreement must be in writing (RCW 59.18.260)

- Has no fixed time limit and continues until either landlord or tenant gives proper written notice that they want to terminate the tenancy

- Landlord can change the rules or policies with a 30day written notice

- Landlord can increase the rent with a written 60-day notice (RCW 59.18.140)

▪ If rent increase is 5% or more of the monthly rent, 120 day notice must be provided (ACC 5.23.040)

Fixed Term (RCW 59.18.210):

- Must be in writing to be valid

- Requires tenant to live in the unit for a specific time period

- Landlord can only increase rent or change rules during the term of the lease if the tenant agrees

- Leases for longer than a year must be notarized to be valid

- When there is a written rental agreement for a premises, the landlord must provide a fully executed copy to each tenant who signs the agreement. A landlord must provide one free replacement copy of the written agreement if requested by a tenant during the tenancy (RCW 59.18.065).

Illegal Provisions in Rental Agreements:

Some provisions which may appear in rental agreements or leases are not legal and cannot be enforced under the law (RCW 59.18.230).

These include:

- A provision which waives any right given to tenants by the RLTA or that surrenders tenants’ right to defend themselves in court against a landlord’s accusations.

- A provision stating the tenant will pay the landlord’s attorney’s fees under any circumstances if a dispute goes to court.

- A provision which limits the landlord’s liability in situations where the landlord would normally be responsible.

- A provision which requires the tenant to agree to a particular arbitrator at the time of signing the rental agreement.

- A provision allowing the landlord to enter the rental unit without proper notice.

- A provision requiring a tenant to pay for all damage to the unit, even if it is not caused by tenants or their guests.

- A provision that allows the landlord to seize a tenant’s property if the tenant falls behind in rent.

Move-In Costs

Deposits:

- Under the Landlord-Tenant Act, the term “deposit” can only be applied to money which can be refunded to the tenant. If a refundable deposit is collected, the law requires:

- The rental agreement must be in writing. It must say what each deposit is for and what the tenant must do in order to get the money back. (RCW 59.18.260)

- The tenant must be given a written receipt for each deposit. (RCW 59.18.270)

- A checklist or statement describing the condition of the rental unit must be filled out. The landlord and the tenant must sign it, and the tenant must be given a signed copy (RCW 59.18.260, ACC 5.23.040).

- The deposits must be placed in a trust account in a bank or escrow company. The tenant must be informed in writing where the deposits are being kept. Unless some other agreement has been made

in writing, any interest earned by the deposit belongs to the landlord (RCW 59.18.270)

- The total amount of any security deposit and fees paid to the landlord at the commencement of tenancy cannot exceed the allowable monthly rent. However, an additional security deposit may be added for tenants that have pets provided that those deposits are reasonable and do not embed other types of deposits or fees. (ACC 5.23.040)

Non-Refundable Fees:

- These will not be returned to the tenant under any circumstances.

- The rental agreement must be in writing and must state that the fee will not be returned. Cannot legally be called a “deposit.” (RCW 59.18.285)

Last Month Rent:

- Is not a deposit and can only be used for rent payment of that month.

- Landlord cannot use for damages

- If landlord requires last month’s rent and a deposit of 25% of the monthly rent or more at inception of tenancy, the tenant may request a payment plan for the deposit and last month’s rent. (ACC 5.23.040)

Holding Fee:

A tenant can pay the landlord a holding fee to ensure the landlord does not rent the unit to someone else before the tenant can move in. If a holding fee is paid the following apply:

- Must secure a specific dwelling unit for tenant to occupy

- Cannot be used to be put on a waiting list

- Tenant must be provided with a receipt and written statement outlining the terms

- If tenant is offered the unit and moves in, the holding fee must be applied to either first months’ rent or security deposit

- If the unit is offered to the tenant and they do not move in, the landlord can keep the holding fee

- Holding fee cannot be retained if the unit fails a tenant-based rental assistance program inspection (Section 8).

During Your Tenancy

Landlord’s Responsibilities (RCW 59.18.060)

The landlord must:

- Maintain the dwelling so it does not violate state and local codes in ways which endanger tenants’ health and safety.

- Maintain structural components, such as roofs, floors and chimneys, in reasonably good repair.

- Maintain the dwelling in reasonably weather tight condition.

- Provide reasonably adequate locks and keys.

- Provide the necessary facilities to supply heat, electricity, hot and cold water.

- Provide garbage cans and arrange for removal of garbage, except in single family dwellings.

- Keep common areas, such as lobbies, stairways and halls, reasonably clean and free from hazards

- Control pests before the tenant moves in. The landlord must continue to control infestations except in single family dwellings, or when the infestation was caused by the tenant.

- Make repairs to keep the unit in the same condition as when the tenant moved in except for normal wear and tear.

- Keep electrical, plumbing and heating systems in good repair, and maintain any appliances which are provided with the rental.

- Inform the tenant of the name and address of the landlord or landlord’s agent.

- Supply hot water as reasonably required by tenant.

- Provide written notice of fire safety and protection information and ensure that the unit is equipped with working smoke detectors when a new tenant moves in. (Tenants are responsible for maintaining detectors.) Except for single family dwellings, the notice must inform the tenant on how the smoke detector is operated and about the building’s fire alarm and/or sprinkler system, smoking policy, and plans for emergency notification, evacuation and relocation, if any. Multifamily units may provide this notice as a checklist disclosing the building’s fire safety and protection devices and a diagram showing emergency evacuation routes.

- Provide tenants with information provided or approved by the Department of Health about the health hazards of indoor mold, including how to control mold growth to minimize health risks, when a new tenant moves in. The landlord may give written information individually to each tenant, or may post it in a visible, public location at the dwelling unit property.

- Investigate if a tenant is engaged in gang-related activity when another tenant notifies the landlord of gang-related activity by serving a written notice and investigation demand to the landlord. (RCW 59.18.180)

- Provide carbon monoxide detectors.

- The landlord does not have to pay for damages or problems that were caused by the tenant.

Tenant’s Responsibilities (RCW 59.18.130)

A tenant is required to:

- Pay rent, and any utilities agreed upon.

- Comply with any requirements of city, county or state regulations

- Keep the rental unit clean and sanitary

- Dispose of the garbage properly

RENTING IN AUBURN: A GUIDE FOR LANDLORDS AND TENANTS

- Pay for fumigation of infestations caused by the tenant

- Properly operate plumbing, electrical and heating systems

- Not intentionally or carelessly damage the dwelling.

- Not permit “waste” (substantial damage to the property) or “nuisance” (substantial interference with other tenant’s use of property)

- Maintain smoke and carbon monoxide detection devices including battery replacement.

- Not engage in activity at the premises that is imminently hazardous to the physical safety of other persons on the premises and that entails a physical assault on a person or unlawful use of a firearm or other deadly weapon resulting in an arrest. (RCW 59.18.352)

- When moving out, restore the dwelling to the same conditions as when the tenant moved in, except for normal wear and tear

Landlord’s Access to Rental Unit (RCW 59.18.150):

- The landlord must give a tenant at least two days’ written notice of their intent to enter the unit at reasonable times. The notice must state:

- The dates of entry.

- Either the exact time of entry OR a period during which it will happen, including earliest and latest possible times

- A phone number for you to call to object to the entry date and time or to ask to reschedule

- The landlord only has to give one day’s notice to enter to show the unit to existing or possible new tenants.

- Tenants cannot refuse the landlord entry to repair, improve or service the unit. In the case of emergency or abandonment, the landlord can enter without notice.

- The landlord still must get the tenant’s permission to enter, even if the required advance notice has been given.

- If the landlord does not serve the tenant with proper notice to enter the rental unit, a tenant can serve the landlord with a written notice documenting the date and time of the violation and the landlord shall be liable for up to one hundred dollars ($100.00) for each violation after receipt of the notice. The tenant can sue the landlord in small claims court.

- If a tenant unreasonably denies the landlord access to the unit after proper notice has been served, the landlord can serve the tenant with a non-compliance notice and the tenant shall be liable for up to one hundred dollars ($100.00) for each violation after the notice is served.

Paying Rent (RCW 59.18.063):

- A landlord must provide a receipt for any payment made in the form of cash by a tenant. Upon the request of a tenant, a landlord must provide a receipt for any payment made by the tenant in a form other than cash.

- Starting June 11, 2020, landlords must accept pledges from rental assistance programs. A landlord must now work with the rental assistance program so the program can give the landlord the pledge money. More tenants will now be able to catch up on rent through the help of nonprofit assistance programs and other agencies to pay their landlords.

- Tenants can ask to change the date rent is due. (RCW 59.18.170)

▪ A landlord must agree to change the day rent is due up to 5 days if the tenant asks in writing and the tenant’s main source of income is government assistance that is received after the rental due date. Government assistance can be TANF, ABD, Social Security Benefits, Veteran’s benefits, and so on.

Rent Increases (ACC 5.23.040):

- A landlord is required to provide a minimum of 60 days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant will increase by any amount, unless the fixed lease agreement includes agreed-upon rent increases during the term of the tenancy or agreement. (RCW 59.18.140)

- Landlords are required to provide a minimum of 120 days’ prior written notice to a tenant who is on a month-to-month rental agreement, whenever the monthly housing costs to be charged a tenant will increase by more than 5%.

- If on a fixed term lease the housing cost cannot be increased during the lease period, unless the agreement includes agreed-upon rent increases during the term of the tenancy or agreement. Landlords are required to provide 120 days’ prior notice to a fixed term tenant if the rent for the following term lease will increase by more than 5%.

- If the tenant is living in subsidized housing where the amount of rent is based on the income of the tenant, the landlord is required to provide a minimum of 30 days’ prior written notice to the tenant of the increase in the amount of rent.

Late Fees (RCW 59.18.170 ACC 5.23.040)

- Fees imposed for late payment of rent cannot exceed ten dollars ($10.00) per month.

- No other fees may be charged for late payment of rent, including for the service of any notice required under state law, or any legal costs, including court costs and attorney’s fees, unless such fee is agreed to in writing signed by landlord and tenant at the time of entering into the initial lease or rental agreement.

- A landlord cannot charge late fees until the rent is 5 days late. However, if the tenant pays rent more than 5 days late, the landlord can charge late fees starting from the first day the rent is late.

Rental Agreement Changes

Month-to-Month Agreement (RCW 59.18.200):

- Landlord can change the provisions of month to month rental agreement, such as rules (for example smoking policy) by serving the tenant with at least a 30 days written notice.

- These changes can only become effective at the beginning of a rental period (the day rent is due).

- Notice which is less than 30 days will be effective the following rental period.

- If a landlord plans to change to a policy of excluding children, the landlord has to provide the tenant at least 90 days’ written notice a before termination of the tenancy to make that change in policy.

- If the landlord wishes to convert the unit to a condominium, the tenant must be given a 90-day notice.

Repairs:

It is the landlord’s legal duty to make repairs unless the damage is caused by the tenant or their guest (including accidental damage).

The process:

- Notify the landlord with a written repair request.

- Describe the problem and what needs fixing.

- Include your name, address and apartment number. If the landlord is a management company, include the name of the unit’s owner, if you know it.

- Try to hand deliver the letter or mail it “certified mail,” and “return receipt” at the post office. This will make it easier to prove the landlord got the letter.

- Make a copy of the letter for yourself.

After you give the landlord the written repair request, the landlord must begin to make the repairs within the following timeframes:

- If you have no hot or cold water, heat, or electricity, or there is a life-threatening problem, the landlord has 24 hours to start repairs. (RCW 59.18.070 (1)).

- If your refrigerator, stove, oven, or plumbing fixture is broken, the landlord has 72 hours to start repairs. (RCW 59.18.070 (2)).

- For all other repairs, the landlord has ten days to fix the problem (RCW 59.18.070 (3)). The landlord must make sure the repairs are completed promptly. If completion is delayed due to circumstances beyond the landlord’s control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.

Tenant’s Options (RCW 59.18.090):

If repairs are not started within the required time and if the tenant is paid up in rent and utilities, the following options can be used:

- Tenant can give written notice to the landlord and move out immediately. Tenants are entitled to a prorated refund of their rent, as well as the deposits they would normally get back.

- Litigation or arbitration can be used to work out the dispute.

- The tenant can hire someone to make the repairs. In many cases the tenant can have the work done and then deduct the cost from the rent. (RCW 59.18.100).

- The tenant can make the repairs and deduct the cost from the rent, if the work does not require a licensed or registered tradespersons. The same procedure is followed as for arbitration above. However, the cost limit is one half of one month’s rent.

- Rent in Escrow - After notice of defective conditions, and after appropriate government certification of defect, and waiting periods have passed, then tenants may place their monthly rent payments in an escrow account. It is wise to consult an attorney before taking this action.

- Request Code Inspection of the property.

A tenant must be current in the payment of rent including all utilities to which the tenant has agreed in the rental agreement to pay before exercising any statutory remedies, such as repair options. (RCW 59.18.080).

Illegal Actions by the Landlord:

The law prohibits a landlord from taking certain actions against you while living in the rental unit:

Lockouts (RCW 59.18.290):

No matter what, even if you are behind in rent, the landlord cannot:

- Lock you out of the unit

- Change the locks

- Add new locks

- Keep you from entering the unit in any other way

Utility Shut-offs (RCW 59.18.300):

A landlord can only shut off utilities to make repairs. The landlord cannot shut off tenants’ utilities because they owe rent to try to make the tenant move out. It is also illegal for the landlord to purposely not pay the utility bills to get the service turned off. A tenant can sue the landlord if they shut off the utilities. If the tenant wins, they can be awarded up to $100 for each day it was off.

Taking Your Property:

- The landlord can only take your property if you abandon the unit (RCW 59.18.310).

- It is illegal for a rental agreement to say the landlord can take your property.

- If the landlord takes your property, first contact the landlord in writing. If the landlord does not return your property, you can sue the landlord. The judge can award you up to $500 for each day the landlord withholds the property.

Renting condemned property (RCW 59.18.085):

The landlord may not rent units which are condemned or unlawful to occupy due to existing uncorrected code violations. If a rental property is deemed uninhabitable by the City of Auburn, the landlord can be held liable to tenant for the following:

- The entire amount of deposit;

- All prepaid rent; and

- Relocation assistance in the amount of $2000 or three times the monthly rent, whichever is greater, as well as costs and attorney’s fees

Retaliatory Actions (RCW 59.18.240 -.250):

If the tenant exercises rights under the law, such as complaining to a government authority, or deducting for repairs the law prohibits the landlord from taking retaliatory action such as:

- Raising the rent.

- Removing or reducing services provided to the tenant

- Increasing the obligations of the tenant. If the property is sold:

- The sale of the property does not automatically end a tenancy. When a rental unit is sold, tenants must be notified of the new owner’s name and address, either by certified mail, or by a revised posting on the premises.

- All deposits paid to the original owner must be transferred to the new owner, who must put them in a trust or escrow account. The new owner must promptly notify tenants where the deposits are being held.

Threatening Behavior By A Tenant Or Landlord (RCW 59.18.352 and 354):

- If one tenant threatens another with a firearm or other deadly weapon, and the threatening tenant is arrested as a result of the threat, the landlord may terminate the tenancy of the offending tenant (although the landlord is not required to take such action).

- If the landlord does not file an unlawful detainer action, the threatened tenant may choose to give written notice and move without further obligation under the rental agreement.

- If a landlord threatens a tenant under similar circumstances, the tenant may choose to give notice and move.

- In both cases, the threatened tenant does not have to pay rent for any day following the date of leaving, and is entitled to receive a pro-rated refund of any prepaid rent.

Additional Protections for Domestic Violence Survivors (RCW 59.18.570 – 590)

Tenants and those in their household (children or any adults other than the abuser who live with them) who are domestic violence, sexual assault, unlawful harassment and/or stalking survivors may end a lease with their landlord if the following are true:

- The tenant and/or their household members must either have:

▪ A valid protection order (a court order that may help protect the tenant and their children from domestic violence), OR

▪ A record of reporting the incident of domestic violence, sexual assault, or stalking to a "qualified third party."

▪ A "qualified third party" can be law enforcement officers, state court employees, doctors, nurses and other health care professionals, licensed mental health professionals or counselors, clergy, or crime victim/witness program advocates.

- The tenant must notify their landlord in writing that they (and/or their household member) are a domestic violence, sexual assault, unlawful harassment, and/or stalking victim, and attach a copy of the protection order or the record of the report to a qualified third party. If attaching a Record of Report form, the "qualified third party" reported to must have a copy of the form that includes the abuser's name (Page 1 of the Record of Report Form). The copy given to the landlord (Page 2 of the Record of Report Form) does not have to name the abuser.

- The tenant must notify the landlord within 90 days of the incident that led to the protection order or report that they will be breaking the lease.

- If the tenant meets these three conditions, they may end their lease and move out without having to pay for the rest of the time on their lease. They must still pay the rent for the month in which they leave, but they will be entitled to a refund of their deposit.

MOVING OUT

Eviction and Termination

Month-to-month Rental Agreement (RCW 59.18.200):

- When a tenant wants to end a month-to-month rental agreement, written notice must be given to the landlord.

- The notice must be received at least 20 days before the end of the rental period (the day before the rent is due). The day which the notice is delivered does not count.

- A landlord cannot require a tenant to give more than 20 days’ notice when moving out.

- If a tenant moves out without giving proper notice, the law says the tenant is liable for rent for the lesser of: 30 days from the day the next rent is due, or 30 days from the day the landlord learns the tenant has moved out.

- The landlord has a duty to try and find a new renter. If the dwelling is rented before the end of the 30 days, the former tenant must pay only until the new tenant begins paying rent.

- When a landlord wants to end a month-to-month rental agreement, written notice must be given to the tenant and the landlord has to have good cause (ACC 5.23.070); see details on pages 5-7 of this document

- The notice must be received at least 20 days (subject to timeframes as detailed in ACC 5.23.070; see pages 5-7) before the end of the rental period (the day before the rent is due). The day which the notice is delivered does not count.

- The landlord cannot require a tenant to vacate in the middle of a rental period.

Fixed-Term Leases (RCW

59.18.220):

- If the tenant vacates at the expiration of a lease, in most cases it is not necessary to give the landlord a written notice. However, the lease should be consulted to be sure a formal notice is not required.

- If a tenant stays beyond the expiration of the lease, and the landlord accepts the next month’s rent, the tenant then is assumed to be renting under a month-to-month agreement.

- A tenant who vacates before a lease expires is responsible for paying the rent for the remainder of the lease term or until the unit is re-rented.

- In the City of Auburn, landlords are required to have good cause in order to refuse to renew or continue a tenancy after expiration of the rental agreement, or otherwise terminate or attempt to terminate the tenancy of any tenant. Detailed information on ACC 5.23.070 can be found on pages 5-7 of this document.

Proper Notice to Leave for Month-to-Month Agreements Armed Forces Exception (RCW 59.18.200):

- A month-to-month tenancy can be terminated with less than 20 days written notice when the tenant is a member of the armed forces (including the National Guard or armed forces reserve), if the tenant receives reassignment or deployment orders that do not allow for a 20-day notice. In these circumstances, the tenancy may also be terminated by the tenant’s spouse or dependent.

Proper Notice to Leave for Leases Armed Forces Exception (RCW 59.18.220):

- A lease can be terminated when the tenant is a member of the armed forces (including the National Guard or armed forces reserve), if the tenant receives reassignment or deployment orders, provided the tenant informs the landlord no later than seven days after the receipt of such orders. In these circumstances, the tenancy may also be terminated by the tenant’s spouse or dependent.

Designation Of An Individual To Act On Behalf Of A Tenant Upon The Death Of

The Tenant (RCW 59.18.590):

A tenant who is the sole occupant of a dwelling unit can designate a person to act on the tenant’s behalf upon the death of the tenant independently or at the request of a landlord. The designation must:

- Be in writing separate from any rental agreement.

- Include the designated person’s name, mailing address, an address used for the receipt of electronic communications, and a telephone number.

- Include a signed statement authorizing the landlord in the event of the tenant’s death to allow the designated person to access the tenant’s dwelling unit, remove the tenant’s property, receive refunds of amounts due to the tenant, and to dispose of the tenant’s property consistent with the tenant’s last will and testament and any applicable intestate succession law.

- Include a conspicuous statement that the designation remain in effect until it is revoked in writing by the tenant or replaced with a new designation.

- The designated person’s right to act on the behalf of the deceased tenant terminates upon the appointment of a personal representative for the deceased tenant’s estate or the identification of a person reasonably claiming to be a successor of the deceased tenant pursuant to law.

Abandonment Related To Failure To Pay Rent (RCW 59.18.310):

Abandonment occurs when a tenant has both fallen behind in rent and has clearly indicated by words or actions an intention not to continue living in the rental When a rental has been abandoned, the landlord may enter the unit and remove any abandoned property. It must be stored in a reasonably secure place. A notice must be mailed to the tenant saying where the property is being stored and when it will be sold. If the landlord does not have a new address for the tenant, the notice should be mailed to the rental address, so it can be forwarded by the U.S. Postal Service. If the tenant does not reclaim the property the landlord can sell the property:

- If the total value of property is less than $250, the landlord must mail a notice of the sale to the tenant and then wait seven (7) days. Family pictures, keepsakes and personal papers cannot be sold until forty five (45) days after the landlord mails the notice of abandonment to the tenant.

- If the total value of the property is more than $250, the landlord must mail a notice of the sale to the tenant and then wait forty-five (45) days. Personal papers, family pictures, and keepsakes can be sold at the same time as other property.

- The money raised by the sale of the property goes to cover money owed to the landlord, such as back rent and the cost of storing and selling the goods. If there is any money left over, the landlord must keep it for the tenant for one (1) year. If it is not claimed within that time, it belongs to the landlord.

- If a landlord takes a tenant’s property and a court later determines there had not actually been abandonment, the landlord could be ordered to compensate the tenant for loss of the property, as well as paying court and attorney costs.

Non-Compliance of Tenants:

While living in the unit, if the tenant is found to be out of compliance with their rental/lease agreement, the landlord has the right to serve them with a noncompliance notice. This notice gives the tenant the opportunity to come into compliance with the rental agreement or the landlord can start the eviction process.

These notices include:

- 14-day pay or vacate notice (RCW 59.12.030(3)):

▪ If the tenant is even one day behind in rent, the landlord can issue a 14-day notice to pay or vacate.

▪ If the tenant pays all the rent due within 14 days, the landlord must accept it and cannot evict the tenant.

▪ When a landlord serves a Pay or Vacate Notice, the landlord must accept a pledge only for the full amount of rent owed. A landlord can refuse

a pledge for anything less. A landlord can refuse a combination of pledges and money.

▪ After the 14-day period ends, a landlord must accept even a pledge that only covers part of what the tenant must pay to reinstate the tenancy (stay in their home), including back rent, up to $75 in late fees, costs, and attorney fees. The landlord must accept payment that comes from a combination of pledges. Once the landlord gives the rental assistance program what it needs, the landlord must stop the eviction action for 7 days so the organizations can pay the pledged amounts.

- 10-day comply or vacate notice (RCW 59.12.030(4)):

▪ If a tenant breaks a term of the rental agreement such as unauthorized guest, unauthorized pets, or excessive noise, the landlord can issue a 10-day comply or vacate. This notice gives the tenant the opportunity to come into compliance.

▪ If tenant does not come into compliance with the rental agreement within ten days after receiving the notice, the landlord can start the eviction process.

▪ If a tenant comes into compliance within ten days after receiving the notice, the landlord must stop the eviction process.

▪ If tenant does not agree with notice, they must respond in writing and provide any documents supporting they are in compliance to the landlord.

Return of Deposits (RCW 59.18.130, .280, .060)

- After a tenant vacates the rental unit, the landlord has 21 days to

▪ Return the entire deposit, or

▪ Provide an itemized statement stating why the landlord is retaining any portion of the deposit

This document has information about laws in place to help navigate rights and relationships between landlords and tenants.

Landlords of Burien residential rental properties are required to provide this handbook to tenants.

This handbook includes summaries of local, state, and federal laws governing the tenant-landlord relationship and is for general educational and informational use only. It is not legal advice and does not a substitute for the advice of an attorney. For specific legal questions, please contact an attorney.

Renting in Burien Handbook

A Guide for Landlords and Tenants

Burien’s Rental Housing Policy Summary (BMC 5.63)

Distribution of Information (BMC 5.63.030)

To help tenants make informed rental housing decisions, BMC 5.63.030 requires landlords to provide tenants with information at three different phases of the rental process:

• At the time of application, the landlord must provide the tenant with their written rental criteria and the website address for the Washington Secretary of State to register to vote or change the address if already registered to vote (sos.wa.gov)

• When a rental agreement/lease is offered (new or renewal), the landlord must provide the tenant with a copy of this Renting in Burien Handbook The initial distribution of information must be in written form and landlords must obtain the tenant’s signature documenting receipt of the Handbook.

• If the landlord served an unlawful detainer notice to the tenant under RCW 59.12.030, the landlord must provide a list of resources to the tenant located at the end of this handbook or burienwa.gov/renting.

Security Deposits

(BMC 5.63.040 (6) and (7))

A landlord cannot collect a security deposit unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of the premises is provided at the beginning of the tenancy. The checklist or statement must be signed and dated by the landlord and tenant, with a copy provided to the tenant. Landlords must keep security deposits in a trust account and provide a written receipt to the tenant.

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Installment Payments Permitted (BMC 5.63.040)

The sum of any security deposits, nonrefundable move-in fees, and/or last month’s rent may not exceed one month’s rent, except in subsidized housing where the amount of rent is set based on the tenants’ income. If the total amount of the security deposit and non-refundable move-in fee exceeds 25 percent of the first full month’s rent, and payment of last month’s rent is required at the inception of the tenancy, a tenant may request in writing to pay the total amount in installments, as follows:

• For tenancies that are six months or longer, a tenant may pay in six consecutive and equal monthly installments that begin at the start of the tenancy.

• For month-to-month or tenancies lasting less than six months, a tenant may pay in two equal installments with the first payment at the start of the tenancy and the second payment on the first day of the second month or period of the tenancy.

All installment schedules must be in writing and signed by both landlord and tenant. Landlords may not impose a fee, charge interest, or any cost because a tenant elects to pay in installments. Installment payments do not apply to tenant screening reports, which are paid by the tenant.

The tenant’s failure to pay an installment of the security deposit, nonrefundable movein fees, and last month’s rent according to the agreed payment schedule is a breach of the rental agreement and subjects the tenant to a 10-day notice under RCW 59.12.030(4) and means the entire amount of any outstanding payment shall become due when the next rent payment is due.

Late Fees (BMC 5.63.090)

• Any fees for late payments shall not exceed $10.00 per month. No other fees may be charged for late payment of rent.

• Any notice to pay or vacate shall include in at least 16-point bold font: “You have 14 days to pay the rent required by this notice. After 14 days, you may pay the rent but will have to include a late fee totaling at most $10.00 per month for each month of rent owed. If the landlord has started a court case to evict you and the case is filed in court, you will need to pay court costs as well before the hearing date to avoid eviction.”

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Rent Increases (BMC 5.63.100)

Renting in Burien Handbook

A Guide for Landlords and Tenants

• Landlords must provide 120 days’ prior notice of a rent increase over 3%

• Landlords must provide 180 days’ prior notice of a rent increase over 10%

• Notice of rent increases of 3% or less must follow requirements set by state law.

• Any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement

• Landlords are not allowed to increase rent if the dwelling unit has “defective conditions” making the rental home uninhabitable.

Due Date Adjustments (BMC 5.63.110)

If the tenant has a regular primary source of income, monthly source of governmental assistance, or fixed income source (e.g. Social Security) that the tenant receives on a date of the month that is incongruent with paying rent on the date otherwise specified in the rental agreement.

Social Security Numbers (BMC 5.63.120)

Landlords shall not require a social security number to be provided. Alternative proof of financial eligibility must be accepted.

Notice of Proposed Sale of Low-income Housing (BMC 5.63.060)

Owners of a multi-family rental housing building with five or more housing units that rent for an amount that is affordable to households at or below 80 percent of area median income must notify Burien of their intent to sell the building at least 60 calendar days before the building is listed with any real estate service or advertised for sale.

Just Cause Eviction (BMC 5.63.070)

Landlords must have just cause to evict, attempt to evict, or otherwise terminate a tenancy. Landlords may not evict residential tenants if the rental housing unit is not licensed with the City of Burien or if the required Rental Housing Inspection is not completed as required in Chapter 5.62 BMC, regardless of whether just cause for eviction exists. The just cause reasons for terminating a tenancy in Burien are summarized as follows:

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Renting in Burien Handbook

A Guide for Landlords and Tenants

a) A tenant fails to comply with a 14-day notice to pay or vacate; a 10-day notice to comply or vacate; or a 3-day notice to vacate for waste, nuisance, drug related activity, or maintenance of an unlawful business or conduct (BMC 5.63.070(1)(a)).

b) A landlord has to send late rent payment notices at least four times in 12 months. (BMC 5.63.070(1)(b)).

c) A tenant breaches material rental duties or obligations and fails comply with a 10-day notice to comply or vacate (BMC 5.63.070(1)(c)).

d) A tenant habitually fails to comply with the material terms of the rental agreement and receives at least three 10-day notices in a 12 month period (BMC 5.63.070(1)(d))

e) An owner wants a member of their immediate family to occupy the unit as their principal residence and no equivalent unit is available in the same building (BMC 5.63.070(1)(e)).

f) An owner wants to sell the dwelling unit (BMC 5.63.070(1)(f)).

g) A tenant only lived there due to -terminated employment on the property (BMC 5.63.070(1)(g)).

h) An owner plans substantial rehabilitation in the building (BMC 5.63.070(1)(h)).

i) An owner elects to demolish the building or convert the use of the building (BMC 5.63.070(1)(i)).

j) An owner seeks to discontinue the use of a housing unit unauthorized by BMC Title 19 (BMC 5.63.070(1)(j)).

k) An owner seeks to reduce the number of tenants in the unit to comply with occupancy limits under BMC Title 15 (BMC 5.63.070(1)(k)).

l) An emergency order requires the unit to be vacated and closed (BMC 5.63.070(1)(l)).

m) An owner seeks to discontinue sharing the owner’s housing unit with a tenant (BMC 5.63.070(1)(m))

n) Criminal activity is occurring on or near the property by or with the tenant’s consent (BMC 5.63.070(1)(n)).

RCW 59.18.650 provides additional provisions which are not included in Burien’s just cause code.

Any termination notices required by law shall advise the tenant in writing of the reasons for the termination and the facts in support of those reasons.

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Housing

Ombudsperson

Renting in Burien Handbook

A Guide for Landlords and Tenants

(BMC 5.63.130)

A Housing Ombudsperson position was established to assist landlords and tenants with rental housing disputes. The position has not been budgeted by Council as of November 2022

Washington State Residential Landlord-Tenant Act Summary (RCW 59.18)

Housing providers and tenants have legal responsibilities to each other. The Washington State Residential Landlord-Tenant Act (RLTA) (RCW 59.18) outlines the rights and responsibilities of landlords and tenants. This summary is designed to help owners and tenants gain an understanding of the state rules and regulations affecting housing and provide information on where to get assistance if needed. The following summary is not a replacement for landlords and tenants reading the RLTA to understand their statutory rights and duties.

Good Faith Obligation (RCW 59.18.020)

State law requires landlords and tenants to act in good faith toward one another.

Most landlord-tenant rental relationships are governed by the RLTA. However, certain renters are specifically excluded from the law (RCW 59.18.040):

• Renters of a mobile home park space (Mobile Home Landlord-Tenant Act, RCW 59.20).

• Residents in transient lodgings (hotels and motels); in public or private correctional, educational, medical, recreational, or religious institutions; in a single-family dwelling rented as part of a lease of agricultural land; and in housing provided for seasonal farm work.

• Tenants with an earnest money agreement to purchase the dwelling.

• Tenants who are an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises.

• Tenants that use the property for commercial rather than residential purposes.

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Screening (RCW 59.18.257)

Renting in Burien Handbook

A Guide for Landlords and Tenants

When a prospective tenant applies for tenancy, the landlord may charge them a screening fee to check their rental history, credit history, and criminal background.

Illegal Discrimination

Though landlords may use screening criteria according to their business model, landlords may not discriminate against protected classes during the screening process Federal law (Fair Housing Act 42 U.S.C. § 3601, et. seq. 1988) prohibits most landlords from refusing to rent to a person or imposing different rental terms on a person because of color, disability (mental or physical), familial status, gender, national origin, race, or religion, disability (physical or mental) State also protects for creed, marital status, military/veteran status, sexual orientation, and source of income.

Types of Rental Agreements

Month-to-Month Agreement (RCW 59.18.200)

This agreement is for an indefinite period, with rent usually payable monthly or another short term period. If a deposit or non-refundable fee is paid, the agreement must be in writing. (RCW 59.18.260). It continues until either landlord or tenant gives proper written notice that they want to terminate the tenancy. A landlord can change the rules or policies with a written 30-day notice. Landlords can increase the rent with a written 60-day notice (RCW 59.18.140).

Fixed Term Lease (RCW 59.18.210)

This agreement is for renting premises for a specified time and must be in writing to be valid During the term of the lease, the rent cannot be raised or the rules changed unless both the landlord and tenant agree. Leases for longer than a year must be notarized.

Illegal Provisions in Rental Agreements (RCW

59.18.230)

RCW 59.18.230 identifies illegal provisions that may appear in rental agreements or leases, such as the waiver of rights, payment of attorneys fees, agreement to a particular arbitrator, and charging late fees when rent is paid within five (5) calendar days of the due date.

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Renting in Burien Handbook

A Guide for Landlords and Tenants

When there is a written rental agreement for the premises, the landlord must provide a fully executed copy to each tenant that signed the agreement. A landlord must provide one free replacement copy of the written agreement if requested by a tenant during the tenancy (RCW 59.18.065).

Move-in Costs

Security Deposit (RCW 59.18.260 – 280)

If a landlord charges a security deposit, the rental agreement must be in writing, state what each deposit is for, and have a signed and completed checklist or statement describing the rental unit condition. None of the deposit shall be withheld for wear due to ordinary use of the premises.

Non-refundable Fees (RCW 59.18.285)

If a non-refundable fee is being charged, the rental agreement must be in writing and clearly state that the fee will not be returned.

Holding Fee (RCW 59.18.253)

The landlord may charge a holding fee to ensure the unit is not rented to someone else before the tenant can move in. It cannot be charged for being placed on a waiting list. If a holding fee is charged, it must be in writing and cannot be for more than 25 percent of the first months’ rent. The holding fee must be applied to the tenant’s first month’s rent or the security deposit If the tenant does not move into the offered unit, the landlord can keep the holding fee.

Landlord’s Responsibilities (RCW 59.18.060)

The landlord is responsible for keeping the premises fit for human habitation with specific maintenance, safety, and notification duties specified in RCW 59.18.060.

Tenant’s Responsibilities (RCW 59.18.130)

The tenant has the responsibility to timely pay rent and agreed upon utilities, keep the premises clean and sanitary, not engage in damaging or nuisance activities, and other duties as described in RCW 59.18.130.

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Renting in Burien Handbook

A Guide for Landlords and Tenants

Landlord’s Access to Rental Unit (RCW 59.18.150)

The landlord must give a tenant at least two days’ written notice of their intent to enter the unit at reasonable times. The notice must state the date of entry, an exact time or period, and a phone number to communicate any objection or request to reschedule.

The landlord only has to give at least one day’s notice to enter to show the unit to prospective tenants. Tenants cannot unreasonably refuse a landlord entry to repair, improve, or service the unit. In the case of an emergency or abandonment, the landlord can enter without notice.

Receipts for Paying Rent (RCW 59.18.063)

A landlord may refuse to accept cash for any payment of rent made by a tenant, but if a landlord accepts cash, the landlord must give the tenant a receipt. Upon the tenant’s request, a landlord must provide a receipt for any tenant payment made in a form other than cash.

Payment of Rent - Exercising Remedies

(RCW 59.080)

A tenant must be current in the payment of rent including all utilities to which the tenant has agreed in the rental agreement before exercising any statutory remedies, such as repair options.

Repairs (RCW 59.18.070)

It is the landlord’s legal duty to make repairs unless the damage is caused by the tenant or the tenant’s guest If something needs to be repaired, the tenant must provide written notice to the landlord, including the address and apartment number where the repair is needed, the property owner’s name if known, and a description of the problem.

After the landlord receives a written repair request, the landlord must begin to make the repairs as follows:

• 24 hours for no hot or cold water, heat, or electricity, or a condition imminently hazardous to life. (RCW 59.18.070 (1));

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Renting in Burien Handbook

A Guide for Landlords and Tenants

• 72 hours for the repair of refrigerator, stove, oven, or a major plumbing fixture supplied by the landlord. (RCW 59.18.070 (2));

• 10 days for all other repairs. (RCW 59.18.070 (3)).

The landlord must ensure that the repairs are completed properly. If completion is delayed due to circumstances beyond the landlord’s control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.

Tenant’s Options (RCW 59.18.080, RCW 59.18.090, RCW 59.18.100)

If repairs are not started within the required time and if the tenant is current in the payment of rent and utilities, the tenant may:

• Give written notice to the landlord and move out immediately. Tenants are entitled to a pro-rated refund of their rent, as well as the return of their deposits;

• Litigation or arbitration may be used to resolve the dispute; or

• The tenant may hire someone to make the repairs or do the repairs themselves, with the cost potentially deducted from rent. See RCW 59.18.100 for specific notice provisions, cost limitations, inspection, and other requirements to do this.

Illegal Actions by the Landlord

Lockouts (RCW 59.18.290)

The landlord cannot lockout, change the locks, or prevent a tenant’s entry to the unit.

Utility Shut-offs (RCW 59.18.300)

A landlord may not intentionally shut off utilities because a tenant is behind in rent or to force a tenant to move out. A landlord may shut off utilities for a reasonable time to make necessary repairs.

Taking Your Property (RCW 59.18.310)

A landlord may take a tenant’s property in the case of abandonment.

Renting a condemned property (RCW 59.18.085)

The landlord may not rent units that are condemned or unlawful to occupy due to existing uncorrected code violations.

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Retaliatory Actions (RCW 59.18.240 -.250)

Renting in Burien Handbook

A Guide for Landlords and Tenants

If the tenant complains to a government authority that the landlord has substantially failed to comply with premises maintenance or operation laws that endanger the tenant’s health or safety, the landlord may not retaliate against the tenant

Tenant Non-Compliance

If the tenant is out of compliance with their rental/lease agreement, the landlord may serve the tenant with a non-compliance notice. This notice provides the tenant the opportunity to come into compliance with the rental agreement or the landlord can start the eviction process.

• 14-day pay or vacate notice (RCW 59.12.030(3)): If the tenant is even one day behind in rent, the landlord can issue a 14-day notice to pay or vacate notice. If the tenant pays all the rent due within 14 days, the landlord must accept it and cannot evict the tenant. The landlord is not required to accept a partial payment.

• 10 days to comply or vacate notice (RCW 59.12.030(4)): If a tenant is not complying with a lease term the landlord can issue a 10-day comply or vacate notice If a tenant does not come into compliance with the rental agreement within 10 days after receiving the notice, the landlord can start the eviction process. If a tenant comes into compliance within 10 calendar days after receiving the notice, the landlord must stop the eviction process. If the tenant disagrees with the notice, the tenant must respond in writing and provide any documents supporting the tenant’s position to the landlord.

Threatening Behavior by a Tenant or Landlord (RCW 59.18.352 and 354)

If a tenant or landlord threatens another tenant with a firearm or other deadly weapon, and the threatening tenant or landlord is arrested because of the threat, the tenant may be able to terminate the rental agreement and quit the premises without further obligation.

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Renting in Burien Handbook

A Guide for Landlords and Tenants

Domestic Violence Protection (RCW 59.18.570-585)

If a tenant or a household member is a domestic violence, sexual assault, unlawful harassment, or stalking victim, the tenant may be able to terminate the rental agreement and quit the premises without further obligation by providing appropriate documentation to the landlord.

Moving Out

Month-to-month Rental Agreement (RCW 59.18.200)

When a landlord or tenant wants to terminate a month-to-month rental agreement, they must give the other party at least 20 days’ written notice before the end of the rental period. If a tenant moves out without giving proper notice, the tenant is liable for rent for the lesser of 30 days from the day the next rent is due, or 30 days from the day the landlord learns the tenant has moved.

Fixed-Term Leases (RCW 59.18.220)

Typically, if a tenant vacates at the expiration of a fixed-term lease written notice to the landlord is not required. However, check the lease to verify that formal notice is not required. If a tenant stays beyond the lease expiration date, and the landlord accepts the next month’s rent, the tenant may be assumed to be renting under a month-tomonth agreement A tenant who vacates before a lease expires is responsible for paying the rent for the remainder of the lease term or until the unit is re-rented.

Armed Forces Exception (RCW 59.18.200 and 59.18.220)

Any tenant that is a member of the armed forces, including the national guard and armed forces reserves, or that tenant’s spouse or dependent, may terminate a tenancy with less than the required notice time if the tenant receives permanent change of station or deployment orders that do not allow for adequate notice.

Return of Deposits (RCW 59.18.280)

After a tenant vacates the rental unit, the landlord has 21 calendar days to return a deposit or provide a written statement of why the landlord is retaining any of the deposit.

Death of the Tenant – The Designated Person (RCW 59.18.590)

A tenant may designate a person to act for the tenant on the tenant’s death when the tenant is the sole occupant of the dwelling unit.

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Renting in Burien Handbook

A Guide for Landlords and Tenants

Abandonment Related to Failure to Pay Rent (RCW 59.18.310)

Abandonment occurs when a tenant defaults in the payment of rent and reasonably indicates by words or actions an intention not to continue the tenancy. When a rental has been abandoned, the landlord may enter the unit and remove any abandoned property. It must be stored in a reasonably secure place. The landlord must make reasonable efforts to notify the tenant of where the property is stored and when a sale or disposition will take place.

Summary of Unlawful Detainer (RCW 59.12)

A landlord must give notice under RCW 59.12.040 to take legal action against a tenant who does not move out If the tenant continues to occupy the rental in violation of a notice to leave, the landlord must go to court to begin an “unlawful detainer” action If the court rules in the landlord’s favor, the court will instruct the sheriff to evict the tenant if the tenant does not leave voluntarily. RCW 59.12 provides specific details on the unlawful detainer legal process.

Burien Building and Property Maintenance Code

Summary (BMC 15.40)

The City of Burien Building and Property Maintenance Code (BMC 15.40) applies to all existing residential and nonresidential structures and all existing premises and represents minimum requirements and standards for premises, structures, equipment, and facilities, premises for light, ventilation, space, heating, sanitation, protection for elements, life safety, safety from fire and other hazards, and the safe and sanitary maintenance of such structures. A complete copy of BMC 15.40 may be viewed on the City of Burien’s website at codepublishing.com/wa/burien

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Resources

Landlord-Tenant Resources

Washington State 2-1-1

Clearinghouse for all community resources, including rental assistance and low-income housing.

 2-1-1 or (206) 461-3200 or (800) 621-4636

 (206) 461- 3610 (TTY/hearing impaired calls)

 wa211.org

Tenants Union of Washington State Tenant counselors offer free counseling services to assist people with questions about landlord-tenant laws and discuss strategies to prevent housing loss.

 (206) 723- 0500

 tenantsunion.org

Solid Ground

Housing counseling services to help families and individuals maintain permanent and reliable rental housing.

 (206) 694- 6767

 solid-ground.org/get-help/housing/for-tenants

Renting in Burien Handbook

A Guide for Landlords and Tenants

Attorney General Manufactured Housing Dispute Resolution

Assistance for owners of manufactured and mobile homes and manufactured housing to resolve disputes with landlords.

 (866) 924- 6458

 atg.wa.gov/manufactured-housing-disputeresolution-program

King County Dispute Resolution Center

Trained mediators can assist tenants and landlords in resolving conflicts.

 (206) 443- 9603

 kcdrc.org

 DRCinfo@kcdrc.org

City of Burien Code Compliance Investigates Burien code compliance violations. A tenant must first try to resolve issues following procedures in Washington State Residential LandlordTenant Act (RLTA) (RCW 59.18).

 (206) 241-4647

 burienwa.gov/reportissue

Need assistance?

Visit burienwa.gov/renting or call (206) 241-4647

Last updated: May2023

Page 14 of 16

Legal Resources

Washington LawHelp

Online legal education materials and tools that provide basic information on a variety of legal problems, including detailed packets and forms.

 washingtonlawhelp.org

Housing Justice Project

King County Bar Association’s free legal assistance to renters facing eviction in King County.

 (206) 267- 7090

 kcba.org/For-the-Public/Free-LegalAssistance/Housing-Justice-Project

Tenant Law Center

Renting in Burien Handbook

A Guide for Landlords and Tenants

Neighborhood Legal Clinics

King County Bar Association’s free 30minute legal consultations at various locations across King County.

 Intake: (206) 267-7070

 kcba.org/For-the-Public/Free-LegalAssistance/Neighborhood- Legal-Clinics

CLEAR Line Legal Help

Northwest Justice Project’s free legal assistance for Washington state’s low-income residents.

 (888) 201-1014

 nwjustice.org/clear-hotline

Catholic Community Center’s free legal assistance to qualifying low-income persons in King County facing eviction or subsidy termination.

 (206) 324-6890

 ccsww.org/get-help/specializedservices/tenant-law-center

Fair Housing Resources

Washington State Human Rights Commission

Enforces the law against discrimination and investigates complaints regarding civil rights violations.

 (800) 233-3247

 hum.wa.gov

Need assistance?

Visit burienwa.gov/renting or call (206) 241-4647

Last updated: May2023

Fair Housing Center of Washington

Provides support and education for renters filing discrimination complaints or requesting reasonable accommodations from their landlords.

 (253) 274-9523

 fhcwashington.org

Page 15 of 16

Financial Assistance

Washington State 2-1-1

Clearinghouse for all community resources, including rental and emergency assistance. Monday – Friday, 8 a.m. – 6 p.m.

 2-1-1 or (206) 461- 3200 or (800) 621-4636

 (206) 461-3610 (TTY/hearing impaired calls)

 wa211.org

Multi-Service Center

Provides emergency funding and assistance to Burien residents.

 (253) 893-0024 – rental assistance

 (253) 517- 2263 – energy assistance

 mschelps.org

King County Housing Authority

Provides rental housing and rental assistance programs, such as Section 8 vouchers, for low-income households.

 (206) 574-1100

 kcha.org

Renting in Burien Handbook

A Guide for Landlords and Tenants

Catholic Community Services

Provides emergency funding and assistance to Burien residents.

 Intake: (253) 850-2523 Fridays 10am – Noon

 ccsww.org

St. Vincent de Paul

Provides rent assistance to Burien residents.

 (206) 767-6449

 svdpseattle.org

Burien Utility Tax Relief Program for LowIncome Households

Provides annual relief to City’s utility tax on residential garbage, cable TV, phone (not cellular), Puget Sound Energy gas/electric, water, and sewer.

 (206) 241-4647

 burienwa.gov

Register to Vote

Washington State Secretary of State, Elections

 (800) 448-4881

 sos.wa.gov/elections/voters

 elections@sos.wa.gov

Need assistance?

Visit burienwa.gov/renting or call (206) 241-4647

Last updated: May2023

Page 16 of 16

Distribution of Information to Tenants

The following is a set of guidelines for landlords to follow to be in compliance with TMC 1.95.030- Distribution of Information to Tenants. Distributing information to tenants is required at three different phases in the rental process.

Step 1: At the time of rental application, the landlord must provide the tenant with the following website along with written rental criteria. Tenants will be able to access information about code violations, findings on discrimination cases, and register to vote. www.cityoftacoma.org/rentalhousingcode.

Step 2: When a rental agreement or lease is offered, the landlord must provide the tenant with a written copy of the summaries of rights and responsibilities prepared by the City. This information must also be provided to existing tenants within thirty (30)days of being made available by the City of Tacoma. The initial distribution of information to tenants must be in written form and landlords must obtain tenant’s signature documenting receipt of such information.

Step 3: If during tenancy, a landlord must serve a tenant with a notice under RCW 59.12.030 or TMC 1.95, the landlord is also required to serve the “Notice of Resources” prepared by the City.

The “Notice of Resources” forms can be accessed in the Landlord Resources section on the Rental Housing Code website.

If you have any questions please call 311 or 253-591-5000

Thank you for your continued partnership.

City of Tacoma

INTRODUCTION

This summary of the City of Tacoma’s Rental Housing Code (TMC 1.95. RHC), Washington State Residential Landlord-Tenant Act (RCW 59.18, RLTA), City of Tacoma Fair Housing Laws (TMC 1.29), and the Minimum Buildings and Structure Code (TMC 2.01) must be provided to tenants by owners of residential rental property located in Tacoma city limits. Please note that City and State laws may not be identical on any particular topic; therefore, both sets of laws should be consulted.

This handbook is for general educational and informational use only. It is not a substitute for the advice of an attorney. If you have a specific legal question, you should contact an attorney.

The information in this handbook is accurate as of February 1, 2019.

These code provisions affect only affect current month-to-month rental agreements and fixed-term leases entered into after February 1, 2019 (except that the “notice to increase rent” requirement applies to any rental agreement entered into after December 7, 2018).

OUTLINE OF TMC 1.95:

New Requirements for Landlords:

• A requirement that landlords distribute information about tenant rights and Landlord-Tenant responsibilities

• 60-day notice requirement for rent increases

• 60-day notice to vacate for no-cause termination of tenancy

• 120-day notice to vacate and relocation assistance for low-income tenants when a landlord intends to change the use, substantially rehabilitate, or demolish a dwelling unit

• Comply with reasonable accommodation for service of notices

New Tenant Protections:

• Prohibits retaliation against tenants for exercising their rights under the Washington State Residential Landlord-Tenant Act (RCW 59.18)

• Allows installment payments for various deposits and fees

• Codification of relocation assistance when the City declares a building uninhabitable

• Provides relocation assistance for low-income tenants when a landlord intends to change the use, substantially rehabilitate, or demolish a dwelling unit

• Allows tenants to file a complaint and for the City of Tacoma to investigate and enforce the code

Distribution of Information (TMC 1.95.030):

In order to ensure tenants have the information needed to assist them in both seeking and living in rental housing, TMC 1.95.030 requires landlords to provide tenants with information at three different phases of the rental process:

First, at time of application the landlord must provide the tenant with their written rental criteria and the website address designated by the City for the purpose of obtaining information:

• Local code enforcement action relating to the property

• Findings or settlements related to housing discrimination against the landlord in pursuant to TMC 1.29.

• Website address to the Washington Secretary of State for the purposes of registering to vote or changing address if already register to vote.

Second, when a rental agreement/lease is offered, the landlord must provide the tenant with a written copy of the summaries prepared by the City, which includes information on the following:

• Rental Housing Code (TMC 1.95)

• Minimum Buildings and Structure Code (TMC 2.01)

• Fair Housing Laws (TMC 1.29)

• Washington State Residential Landlord-Tenant Act (RCW 59.18)

• Forcible Entry and Forcible Unlawful Detainer (RCW 59.12)

Third, during tenancy, landlords must provide tenants with a notice of resources prepared by the City when the landlord serves any notice to a tenant under RCW 59.12.030 which include:

• 14-day pay or vacate

• 3-day for waste or nuisance

• 10-day comply or vacate

• 60-day notice to terminate tenancy (“no-cause notice)

Landlords are required to provide copies of summaries to existing tenants within 30 days of them being made available by the City of Tacoma. The initial distribution of information to tenants must be in written form and landlords must obtain tenant’s signature documenting receipt of such information. After the initial distribution of the summaries to tenants, a landlord shall provide existing tenants with updated summaries by the City, and may do so in electronic form unless a tenant otherwise requests written summaries.

Deposits: (TMC 1.95.040):

A landlord cannot collect a security deposit unless the following requirements are met:

• Rental agreement is in writing;

• 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, counter tops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the beginning of the tenancy;

• The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement;

• Security deposit must be placed in a trust account and provide a written receipt and notice of the name, address, and location of the depository and any subsequent change thereof to the tenant, in compliance with the requirements of RCW 59.18.270.

Installment Payments:

If the total amount of a security deposit, non-refundable move-in fees and last months’ rent exceeds 25% of the first full month’s rent, a tenant may request in writing to pay the total amount in installments as follows:

• For tenancies that are three (3) months or longer, a tenant may elect to pay in three (3) consecutive and equal monthly installments beginning at the commencement of the tenancy.

• For two (2) month or month-to-month tenancies, a tenant may elect to pay in two (2) equal installments, with the first payment due at the commencement of the tenancy.

Failure to pay an installment of the security deposit, non-refundable fees and/or last months’ rent is a breach of the rental agreement and may subject the tenant to a 10-day comply or vacate notice issued pursuant to RCW 59.12.030(4) and shall mean entire amount of any outstanding payments shall become due when next rent payment is due, unless otherwise agreed to in writing by the landlord and tenant.

Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments. Installment payments are due at the same time as rent is due. All installment schedules must be in writing, signed by both parties.

Notice requirement generally – reasonable accommodation request (TMC 1.95.050):

A tenant with a disability has the right to request a written reasonable accommodation for the landlord to serve any notices required by this chapter to be served in formats other than as outlined in this code. Landlords shall review and comply with all reasonable accommodation requests, as required in TMC 1.29.120.D, received from a tenant.

Notice to increase rent requirements (TMC 1.95.060):

Landlords are required to provide a minimum of 60 days’ prior written notice to a tenant who is on a monthto-month rental agreement, whenever the monthly housing costs to be charged a tenant will increase by any amount.

“Housing costs” means the compensation or fees paid or charged, usually periodically, for the use of any property, land, buildings, or equipment for residential purposes. For purposes of this chapter, housing costs include the basic rent charge, but do not include utility charges that are based on usage and that the tenant has agreed in the rental agreement to pay, unless the obligation to pay those charges is itself a change in the terms of the rental agreement.”

Notice to vacate requirements (TMC 1.95.070):

No-Cause Notice:

Landlords can terminate the tenancy of a tenant for no-cause by serving a 60-day written notice to a tenant who is:

• On month-to-month rental agreement;

• At end of fix term lease where renewal is not being offered

Notice to terminate tenancy must be served a minimum of sixty days prior to the end of rental period. The tenant shall be required to vacate at the end of the rental period or before rent is due again.

Note: Tenants are only required to provide a 20-day written notice to terminate tenancy if on a rental agreement per the RLTA.

Displacement of Tenants:

When tenants on a rental agreement is to be due to displaced due demolition, substantial rehabilitation, or change of use the landlord must comply with the following:

• Provide tenant with written notice to vacate at least 120 days before the end of the month or period of tenancy; the notice shall list the name of the tenant and the dwelling unit number

• Serve at the same time the Tenant Relocation Information Packet and further comply with the Tenant Relocation Assistance requirements in TMC 1.95.080.B

• Tenant meeting- if a tenant who receives a 120-day notice requests an in-person meeting with the landlord to discuss the upcoming termination

The notices required do not apply when:

• Landlord terminates for nonpayment of rent or for other cause allowed by the state RLTA, chapter 59.18 RCW, or the Forcible Entry and Forcible and Unlawful Detainer Act, chapter 59.12 RCW

• Landlord is required to repair the dwelling unit due to a violation of the Minimum Building and Structures Code, TMC 2.01.050, and is found to be either derelict or unfit;

• Landlord or immediate family member will occupy the rental dwelling unit.

Tenant Relocation Assistance (1.95.80): Relocation for renting condemned Property:

As defined in RCW 59.18.085, if a rental property is deemed uninhabitable by a City of Tacoma, for code violations, the landlord can be held liable to tenant for the following:

• The entire amount of deposit;

• All prepaid rent; and

• Relocation assistance in the amount of $2000 or three times the monthly rent, whichever is greater, as well as costs and attorney’s fees

Relocation Assistance to Low-Income Tenants when a rental unit is demolished, substantially rehabilitated or changed in use:

Landlords are required to pay relocation assistance to low-income tenants (50% median income adjusted for family size in Tacoma) who are displaced due to rental property being demolished, substantially rehabilitated or change in use.

The following apply:

• $2,000 in relocation funds

• 50/50 split between City and landlord

Compliance and Enforcement:

Retaliation Prohibited:

If the tenant exercises rights under the Washington State Residential Landlord-Tenant Act (RCW 59.18) and TMC 1.95, such as:

• Complaining to a government authority;

• Deducting for repairs;

• Lawful right to organize;

Landlords are prohibited from engaging in reprisals or retaliatory actions pursuant to RCW 59.18.240 and RCW 59.18.250, as they exist or are hereinafter amended.

Retaliatory actions include:

• Raising the rent

• Reducing services provided to the tenant

• Evicting the tenant

The law initially assumes that the above actions are retaliatory if they occur within 90 days after the tenant’s action.

If a complaint is filed with the City of Tacoma, the complaint will be investigated and if the landlord does not come into voluntary compliance, the City may assess penalties against the landlord.

If you believe that your landlord has violated your rights under the Rental Housing Code (TMC 1.95). The first step is to bring it to your landlord’s attention and this should be done in writing.

If your landlord does not come into compliance, then you can file a complaint with the City of Tacoma by calling 311 or 253-591-5000. You can also file a complaint online at www.cityoftacoma.org/rentalhousingcode.

WASHINGTON STATE RESIDENTIAL LANDLORD-TENANT ACT

(RLTA), RCW 59.18

Owners and tenants have legal responsibilities to each other. The Washington State Residential LandlordTenant Act (RCW 59.18, RLTA) outlines the rights and responsibilities for landlords and tenants.

This summary is designed to help owners and tenants gain an understanding of the state rules and regulations affecting housing and provide resource on where to get assistance if needed.

Looking For Housing:

Good Faith Obligation:

State law requires landlords and tenants to act in good faith toward one another.

Most tenants who rent a place to live come under the Washington State Residential Landlord-Tenant Act. However, certain renters are specifically excluded from the law.

Residents who are generally not covered by the Act are:

• Renters of a space in a mobile home park are usually covered by the state’s Mobile Home LandlordTenant Act (RCW 59.20). However, renters of both a space and a mobile home are usually covered by the residential law.

• Residents in transient lodgings such as hotels and motels; residents of public or private medical, religious, educational, recreational or correctional institutions; residents of a single family dwelling which is rented as part of a lease of agricultural land; residents of housing provided for seasonal farm work.

• Tenants with an earnest money agreement to purchase the dwelling. Tenants who lease a single family dwelling with an option to purchase, if the tenant’s attorney has approved the face of the lease. Tenants who have signed a lease option agreement but have not yet exercised that option are still covered.

• Tenants who are employed by the landlord, when their agreement specifies that they can only live in the rental unit as long as they hold the job (such as an apartment house manager).

• Tenants who are leasing a single family dwelling for one year or more, when their attorney has approved the exemption.

• Tenants who are using the property for commercial rather than residential purposes.

Screening (RCW 59.18.257):

At the time a prospective tenant applies to reside in a dwelling unit and the landlord charges them a screening fee to check their rental history, credit history, and criminal background, the landlord shall:

• Provide the prospective tenant with the landlord’s written rental criteria

• Provide the prospective tenant informational website address designated by the City for the purpose of providing information about local code enforcement information, findings or settlements related

to housing discrimination against the landlord pursuant to TMC 1.29, and a website address for the Washington Secretary of State for the purpose of providing information on how to register to vote or change their address, if the individual is already registered to vote

• Charge the actual cost for screening; landlord cannot make a profit

• Provide tenant with an adverse action notice if the tenant is denied and where information was obtained that resulted in the denial

• Provide tenant with an adverse action notice if the landlord takes any other adverse action such as extra deposits or requiring a co-signer.

If the landlord fails to provide the adverse action letter the tenant can sue the landlord for up to $100.

Illegal Discrimination:

Landlords can use screening criteria according to their own business model. However, the landlord cannot discriminate against protected classes during their screening process.

Federal law [Fair Housing Act 42 USC s. 3601 et.seq. 1988] prohibits most landlords from refusing to rent to a person or imposing different rental terms on a person because of:

• Race

• Color

• Religion

• Sex

• Disability (physical or mental)

• Familial status (having children or seeking custody of children),

• National origin

State law recognizes protection to the same individuals as well as for:

• Marital status,

• Creed,

• Sexual orientation(incl. gender identity)

• Military/Veteran Status

The City of Tacoma (TMC 1.29) also includes protections for:

• Age (over 40)

• Ancestry

• Source of Income

Types of Rental Agreements:

Month-to-Month Agreement:

• Can be written or oral

• If deposit or non-refundable fee is paid the agreement must be in writing

• Has no fixed time limit and continues until either landlord or tenant gives proper written notice that they want to terminate the tenancy

• Landlord can change the rules or policies with a 30-day written notice

• Landlord can increase the rent with a written 60-day notice

Fixed Term (RCW 59.18.210):

• Must be in writing to be valid

• Requires tenant to live in the unit for a specific time period

• Landlord can only increase rent or change rules if tenant agrees

• Leases for longer than a year must be notarized

Illegal Provisions In Rental Agreements:

Some provisions which may appear in rental agreements or leases are not legal and cannot be enforced under the law (RCW 59.18.230). These include:

• A provision which waives any right given to tenants by the RLTA or that surrenders tenants’ right to defend themselves in court against a landlord’s accusations.

• A provision stating the tenant will pay the landlord’s attorney’s fees under any circumstances if a dispute goes to court.

• A provision which limits the landlord’s liability in situations where the landlord would normally be responsible.

• A provision which requires the tenant to agree to a particular arbitrator at the time of signing the rental agreement.

• A provision allowing the landlord to enter the rental unit without proper notice.

• A provision requiring a tenant to pay for all damage to the unit, even if it is not caused by tenants or their guests.

• A provision that allows the landlord to seize a tenant’s property if the tenant falls behind in rent.

When there is a written rental agreement for a premises, the landlord must provide a fully executed copy to each tenant who signs the agreement. A landlord must provide one free replacement copy of the written agreement if requested by a tenant during the tenancy (RCW 59.18.065).

Move-in Cost:

Security Deposit:

Under the Landlord-Tenant Act, the term “deposit” can only be applied to money which can be refunded to the tenant. If a refundable deposit is collected, the law requires:

• The rental agreement must be in writing. It must say what each deposit is for and what the tenant must do in order to get the money back. (RCW 59.18.260, TMC 1.95.040)

• The tenant must be given a written receipt for each deposit. (RCW 59.18.270)

• A checklist or statement describing the condition of the rental unit must be filled out. The landlord and the tenant must sign it, and the tenant must be given a signed copy (RCW 59.18.260, TMC 1.95.040).

• The deposits must be placed in a trust account in a bank or escrow company. The tenant must be informed in writing where the deposits are being kept. Unless some other agreement has been made in writing, any interest earned by the deposit belongs to the landlord (RCW 59.18.270, TMC 1.95.040)

Non-refundable fees:

• These will not be returned to the tenant under any circumstances.

• The rental agreement must be in writing and must state that the fee will not be returned.

• Cannot legally be called a “deposit.” (RCW 59.18.285)

Last Month Rent:

• Is not a deposit and can only be used for rent payment of that month

• Landlord cannot use for damages

Holding Fee:

A tenant can pay the landlord a holding fee to ensure the landlord does not rent the unit to someone else before the tenant can move in. If a holding fee is paid the following apply:

• Must secure a specific dwelling unit for tenant to occupy

• Cannot be used to be put on a waiting list

• Tenant must be provided with a receipt and written statement outlining the terms

• If tenant is offered the unit and moves in, the holding fee must be applied to either first months’ rent or security deposit

• If the unit is offered to the tenant and they do not move in, the landlord can keep the holding fee

• Holding fee cannot be retained if the unit fails a tenant-based rental assistance program inspection (section 8)

Liability:

Once a tenant has signed a rental agreement, the tenant must continue to pay the rent to maintain eligibility to bring actions under the RLTA. The tenant is responsible for in the maintenance and damages they have caused at the property.

LIVING IN UNIT

Landlord Responsibilities (RCW 59.18.060):

The landlord must:

• Maintain the dwelling so it does not violate state and local codes in ways which endanger tenants’ health and safety

• Maintain structural components, such as roofs, floors and chimneys, in reasonably good repair.

• Maintain the dwelling in reasonably weather tight condition.

• Provide reasonably adequate locks and keys.

• Provide the necessary facilities to supply heat, electricity, hot and cold water

• Provide garbage cans and arrange for removal of garbage, except in single family dwellings

• Keep common areas, such as lobbies, stairways and halls, reasonably clean and free from hazards

• Control pests before the tenant moves in. The landlord must continue to control infestations except in single family dwellings, or when the infestation was caused by the tenant

• Make repairs to keep the unit in the same condition as when the tenant moved in except for normal wear and tear

• Keep electrical, plumbing and heating systems in good repair, and maintain any appliances which are provided with the rental.

• Inform the tenant of the name and address of the landlord or landlord’s agent

• Supply hot water as reasonably required by tenant

• Provide written notice of fire safety and protection information and ensure that the unit is equipped with working smoke detectors when a new tenant moves in. (Tenants are responsible for maintaining detectors.) Except for single family dwellings, the notice must inform the tenant on how the smoke detector is operated and about the building’s fire alarm and/or sprinkler system, smoking policy, and plans for emergency notification, evacuation and relocation, if any. Multifamily units may provide this notice as a checklist disclosing the building’s fire safety and protection devices and a diagram showing emergency evacuation routes.

• Provide tenants with information provided or approved by the Department of Health about the health hazards of indoor mold, including how to control mold growth to minimize health risks, when a new tenant moves in. The landlord may give written information individually to each tenant, or may post it in a visible, public location at the dwelling unit property.

• Investigate if a tenant is engaged in gang-related activity when another tenant notifies the landlord of gang-related activity by serving a written notice and investigation demand to the landlord. [RCW 59.18.180]

• Provide carbon monoxide detectors.

*The landlord does not have to pay for damages or problems that caused by tenant.

Tenant’s Responsibilities (RCW 59.18.130):

A tenant is required to:

• Pay rent, and any utilities agreed upon

• Comply with any requirements of city, county or state regulations

• Keep the rental unit clean and sanitary

• Dispose of the garbage properly

• Pay for fumigation of infestations caused by the tenant

• Properly operate plumbing, electrical and heating systems

• Not intentionally or carelessly damage the dwelling

• Not permit “waste” (substantial damage to the property) or “nuisance” (substantial interference with other tenant’s use of property)

• Maintain smoke and carbon monoxide detection devices including battery replacement

• Not engage in activity at the premises that is imminently hazardous to the physical safety of other persons on the premises and that entails a physical assault on a person or unlawful use of a firearm or other deadly weapon resulting in an arrest [RCW 59.18.352]

• When moving out, restore the dwelling to the same conditions as when the tenant moved in, except for normal wear and tear

Landlord’s Access to Rental Unit (RCW 59.18.150):

The landlord must give a tenant at least two days’ written notice of their intent to enter the unit at reasonable times. The notice must state

• The dates of entry

• Either the exact time of entry OR a period during which it will happen, including earliest and latest possible times

• A phone number for you to call to object to the entry date and time or to ask to reschedule

The landlord only has to give one day’s notice to enter to show the unit to prospective tenant or purchaser.

Tenants cannot refuse the landlord entry to repair, improve or service the unit. In the case of emergency or abandonment, the landlord can enter without notice.

The landlord still must get the tenant’s permission to enter, even if the required advance notice has been given. If the landlord does not serve the tenant with proper notice to enter the rental unit, a tenant can serve the landlord with a written notice documenting the date and time of the violation and the landlord shall be liable for up to one hundred dollars for each violation after receipt of the notice. The tenant can sue the landlord in small claims court.

If a tenant unreasonably denies the landlord access to the unit after proper notice has been served, the landlord can serve the tenant with a non-compliance notice and the tenant shall be liable for up to one hundred dollars for each violation after the notice is served.

RENT

Paying Rent (RCW 59.18.063):

A landlord must provide a receipt for any payment made in the form of cash by a tenant. Upon the request of a tenant, a landlord must provide a receipt for any payment made by the tenant in a form other than cash.

Rent Increases (TMC 1.95.060):

A landlord is required to provide a minimum of 60 days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant will increase by any amount over the periodic or monthly rental rate charged the same tenant for the same housing unit..

RENTAL AGREEMENT CHANGES

Month-to-Month Agreement (RCW 59.140):

Landlord can change the provisions of month to month rental agreement, such as rules (for example smoking policy) by serving the tenant with at least a 30 days written notice.

• These changes can only become effective at the beginning of a rental period (the day rent is due).

• Notice which is less than 30 days will be effective the following rental period.

If the landlord wishes to convert the unit to a condominium, the tenant must be given a 90-day notice. (RCW 59.18.200)

Fixed Term Lease:

Under a lease, in most cases, changes during the lease term cannot be made unless both landlord and tenant agree to the proposed change.

If the landlord does not serve you with proper notice for a change in the lease, or if you are on a fixed term lease, dispute the notice in writing. If the landlord does not rescind the notice or come into compliance, seek legal advice.

Repairs:

It is the landlord’s legal duty to make repairs unless the damage is caused by the tenant or their guest (including accidental damage).

The process:

Notify the landlord with a written repair request.

• Describe the problem and what needs fixing.

• Include your name, address and apartment number. If the landlord is a management company, include the name of the unit’s owner, if you know it.

• Try to hand deliver the letter or mail it “certified mail,” and “return receipt” at the post office. This will make it easier to prove the landlord got the letter.

• Make a copy of the letter for yourself.

After you give the landlord the written repair request, the landlord must begin to make the repairs within the following timeframes:

• If you have no hot or cold water, heat, or electricity, or there is a life-threatening problem, the landlord has 24 hours to start repairs. (RCW 59.18.070 (1)).

• If your refrigerator, stove, oven, or plumbing fixture is broken, the landlord has 72 hours to start repairs. (RCW 59.18.070 (2)).

• For all other repairs, the landlord has ten days to fix the problem (RCW 59.18.070 (3)).

The landlord must make sure the repairs are completed promptly. If completion is delayed due to circumstances beyond the landlord’s control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.

Tenant’s Options (RCW 59.18.090):

If repairs are not started within the required time and if the tenant is paid up in rent and utilities, the following options can be used:

1. Tenant can give written notice to the landlord and move out immediately. Tenants are entitled to a prorated refund of their rent, as well as the deposits they would normally get back.

2. Litigation or arbitration can be used to work out the dispute.

3. The tenant can hire someone to make the repairs. In many cases the tenant can have the work done and then deduct the cost from the rent. (RCW 59.18.100).

4. The tenant can make the repairs and deduct the cost from the rent, if the work does not require a licensed or registered tradespersons. The same procedure is followed as for (2) above. However, the cost limit is one half of one month’s rent.

5. Rent in Escrow - After notice of defective conditions, and after appropriate government certification of defect, and waiting periods have passed, then tenants may place their monthly rent payments in an escrow account. It is wise to consult an attorney before taking this action.

6. Request Code Inspection of the property

A tenant must be current in the payment of rent including all utilities to which the tenant has agreed in the rental agreement to pay before exercising any statutory remedies, such as repair options. (RCW 59.18.080).

Illegal Actions by the Landlord:

The law prohibits a landlord from taking certain actions against you while living in the rental unit:

Lockouts (RCW 59.18.290):

No matter what, even if you are behind in rent, the landlord cannot:

• Lock you out of the unit

• Change locks

• Add new locks

• Keep you from entering the unit in any other way

Utility Shut-offs (RCW 59.18.300):

A landlord can only shut off utilities to make repairs. The landlord cannot shut off tenants’ utilities because they owe rent to try to make the tenant move out. It is also illegal for the landlord to purposely not pay the utility bills to get the service turned off. A tenant can sue the landlord if they shut off the utilities. If the tenant wins, they can be awarded up to $100 for each day it was off.

Taking Your Property:

The landlord can only take your property if you abandon the unit (RCW 59.18.310)

If the landlord takes your property, first contact the landlord in writing. If the landlord does not return your property, you can sue the landlord. The judge can award you up to $500 for each day the landlord withholds the property.

*It is illegal for a rental agreement to say the landlord can take your property.

Renting condemned property (RCW 59.18.085):

The landlord may not rent units which are condemned or unlawful to occupy due to existing uncorrected code violations. If a rental property is deemed uninhabitable by a City of Tacoma, the landlord can be held liable to tenant for the following:

• The entire amount of deposit;

• All prepaid rent; and

• Relocation assistance in the amount of $2000 or three times the monthly rent, whichever is greater, as well as costs and attorney’s fees.

Retaliatory Actions (RCW 59.18.240 -.250):

If the tenant exercises rights under the law, such as complaining to a government authority, or deducting for repairs the law prohibits the landlord from taking retaliatory action such as:

• Raising the rent

• Services provided to the tenant

• Evicting the tenant.

Non-Compliance:

While living in the unit, if the tenant is found to be out of compliance with their rental/lease agreement, the landlord has the right to serve them with a non-compliance notice. This notice gives the tenant the opportunity to come into compliance with the rental agreement or the landlord can start the eviction process.

These notices include:

14-day pay or vacate notice (RCW 59.12.030(3)):

If the tenant is even one day behind in rent, the landlord can issue a 14-day notice to pay or vacate notice. If the tenant pays all the rent due within fourteen days, the landlord must accept it and cannot evict the tenant. However, the landlord is not required to accept a partial payment.

10- day comply or vacate notice (RCW 59.12.030(4)):

If a tenant breaks a term of the rental agreement such as unauthorized guest, unauthorized pets, or excessive noise, the landlord can issue a 10-day comply or vacate. This notice gives the tenant the opportunity to come into compliance.

If tenant does not come into compliance with the rental agreement within ten days after receiving the notice, the landlord can start the eviction process.

If a tenant comes into compliance within ten days after receiving the notice, the landlord must stop the eviction process.

If tenant does not agree with notice, they must respond in writing and provide any documents supporting they are in compliance to the landlord.

If the property is sold:

The sale of the property does not automatically end a tenancy. When a rental unit is sold, tenants must be notified of the new owner’s name and address, either by certified mail, or by a revised posting on the premises. All deposits paid to the original owner must be transferred to the new owner, who must put them in a trust or escrow account. The new owner must promptly notify tenants where the deposits are being held.

Threatening Behavior by a Tenant or Landlord (RCW 59.18.352 and 354):

If one tenant threatens another with a firearm or other deadly weapon, and the threatening tenant is arrested as a result of the threat, the landlord may terminate the tenancy of the offending tenant (although the landlord is not required to take such action).

If the landlord does not file an unlawful detainer action, the threatened tenant may choose to give written notice and move without further obligation under the rental agreement.

If a landlord threatens a tenant under similar circumstances, the tenant may choose to give notice and move. In both cases, the threatened tenant does not have to pay rent for any day following the date of leaving, and is

entitled to receive a pro-rated refund of any prepaid rent.

Moving Out:

Termination of Tenancy:

Washington is a no-cause State; therefore neither the tenant nor the landlord have to give a reason when ending a month-to-month rental agreement or a fixed term lease that is expiring. However, the landlord cannot terminate a tenant’s tenancy for discriminatory or retaliatory reasons.

Month-to-month Rental Agreement (RCW 59.18.200):

When a tenant wants to end a month-to-month rental agreement, written notice must be given to the landlord.

• The notice must be received at least 20 days before the end of the rental period (the day before the rent is due). The day which the notice is delivered does not count.

• A landlord cannot require a tenant to give more than 20 days’ notice when moving out.

• If a tenant moves out without giving proper notice, the law says the tenant is liable for rent for the lesser of: 30 days from the day the next rent is due, or 30 days from the day the landlord learns the tenant has moved out.

• The landlord has a duty to try and find a new renter. If the dwelling is rented before the end of the 30 days, the former tenant must pay only until the new tenant begins paying rent.

• When a landlord wants to end a month-to-month rental agreement, written notice must be given to the tenant.

• The notice must be received at least 20 days before the end of the rental period (the day before the rent is due). The day which the notice is delivered does not count.

• Landlord cannot require a tenant to vacate in the middle of a rental period.

Note: City of Tacoma requires a 60-day written notice to terminate tenancy.

Fixed-Term Leases (RCW 59.18.220):

If the tenant vacates at the expiration of a lease, in most cases it is not necessary to give the landlord a written notice. However, the lease should be consulted to be sure a formal notice is not required. If a tenant stays beyond the expiration of the lease, and the landlord accepts the next month’s rent, the tenant then is assumed to be renting under a month-to-month agreement.

A tenant who vacates before a lease expires is responsible for paying the rent for the remainder of the lease term or until the unit is re-rented.

Note: City of Tacoma requires landlords to provide a 60-day written notice to terminate tenancy at the end of lease term.

Proper Notice to Leave for Month-to-Month Agreements—Armed Forces Exception (RCW 59.18.200):

A month-to-month tenancy can be terminated with less than 20 days written notice when the tenant is a member of the armed forces (including the National Guard or armed forces reserve), if the tenant receives reassignment or deployment orders that do not allow for a 20-day notice. In these circumstances, the tenancy may also be terminated by the tenant’s spouse or dependent.

Proper Notice to Leave for Leases Armed Forces Exception (RCW 59.18.220):

A lease can be terminated when the tenant is a member of the armed forces (including the National Guard or armed forces reserve), if the tenant receives reassignment or deployment orders, provided the tenant informs the landlord no later than seven days after the receipt of such orders. In these circumstances, the tenancy may also be terminated by the tenant’s spouse or dependent.

Domestic Violence Protection (RCW 59.18.570-590):

If a tenant or a household member is a victim of an incident of domestic violence, sexual assault, unlawful harassment, or stalking, the tenant may:

• Terminate their rental agreement without penalty

• Change the locks on their unit at their own expense

• Or has the option to do both

The tenant must notify the landlord in writing that they or a household member were a victim of one of the above crimes and:

• Provide a copy of a valid order for protection or a report of the incident from a qualified third party to the landlord. Qualified third parties include law enforcement officers, court officials, licensed mental health professionals, doctors, and victim advocates

• Must terminate the rental agreement within 90 days of the incident leading to the protection order or report to a qualified third party

• Make the protection order or third party’s report available to the landlord within 7 days of the tenant moving out of the unit or at the same time the tenant gives notice to the landlord that the locks have been changed

Return of Deposits (RCW 59.18.280):

After a tenant vacate the rental unit, the landlord has 21 days to

• Return your entire deposit, or

• An itemized statement stating why the landlord is retaining any portion of the deposit

If the landlord does not return the deposit or itemized statement with 21 days of a tenant vacating the unit. The tenant must:

• Send the landlord a demand letter

• Take to small claims court

If the landlord provides the tenant with a partial payment and itemized statement that the tenant does not agree with it. The tenant must:

• Dispute the statement in writing

• Take to small claims court

Additional information on getting your security deposit back is available at www.washingtonlawhelp.org

Designation of an Individual to Act On Behalf Of a Tenant upon the Death of the Tenant (RCW 59.18.590):

A tenant who is the sole occupant of a dwelling unit can designate a person to act on the tenant’s behalf upon the death of the tenant independently or at the request of a landlord. The designation must:

• Be in writing separate from any rental agreement.

• Include the designated person’s name, mailing address, an address used for the receipt of electronic communications, a telephone number,

• Include a signed statement authorizing the landlord in the event of the tenant’s death to allow the designated person to access the tenant’s dwelling unit, remove the tenant’s property, receive refunds of amounts due to the tenant, and to dispose of the tenant’s property consistent with the tenant’s last will and testament and any applicable intestate succession law,

• Includes a conspicuous statement that the designation remain in effect until it is revoked in writing by the tenant or replaced with a new designation.

The designated person’s right to act on the behalf of the deceased tenant terminates upon the appointment of a personal representative for the deceased tenant’s estate or the identification of a person reasonably claiming to be a successor of the deceased tenant pursuant to law

Abandonment Related To Failure To Pay Rent (RCW 59.18.310):

Abandonment occurs when a tenant has both fallen behind in rent and has clearly indicated by words or actions an intention not to continue living in the rental.

When a rental has been abandoned, the landlord may enter the unit and remove any abandoned property. It must be stored in a reasonably secure place. A notice must be mailed to the tenant saying where the property is being stored and when it will be sold. If the landlord does not have a new address for the tenant, the notice should be mailed to the rental address, so it can be forwarded by the U.S. Postal Service.

If the tenant does not reclaim the property the landlord can sell the property:

• If the total value of property is less than $250, the landlord must mail a notice of the sale to the tenant and then wait seven (7) days. Family pictures, keepsakes and personal papers cannot be sold until fortyfive (45) days after the landlord mails the notice of abandonment to the tenant.

• If the total value of the property is more than $250, the landlord must mail a notice of the sale to the tenant and then wait forty-five (45) days. Personal papers, family pictures, and keepsakes can be sold at the same time as other property.

The money raised by the sale of the property goes to cover money owed to the landlord, such as back rent and the cost of storing and selling the goods. If there is any money left over, the landlord must keep it for the tenant for one (1) year. If it is not claimed within that time, it belongs to the landlord.

If a landlord takes a tenant’s property and a court later determines there had not actually been abandonment, the landlord could be ordered to compensate the tenant for loss of the property, as well as paying court and attorney costs.

EVICTIONS (UNLAWFUL

DETAINER ACTION)

If a tenant continues to occupy the rental unit after the expiration of the violation of notice to vacate or terminate, the landlord has the right to start the eviction process.

The landlord can start the eviction process for the following violations:

For not paying rent: If the tenant is even one day behind in rent, the landlord can issue a fourteen day notice to pay or move out. If the tenant pays all the rent due within fourteen days, the landlord must accept it and cannot evict the tenant. A landlord is not required to accept a partial payment.

For not complying with the terms of the rental agreement: If the tenant is not complying with the rental agreement (for example, keeping a cat when the agreement specifies no pets are allowed), the landlord can give a 10-day notice to comply or move out. If the tenant satisfactorily remedies the situation within that time, the landlord cannot continue the eviction process.

For creating a “waste or nuisance”: If a tenant destroys the landlord’s property, uses the premises for unlawful activity including gang- or drug-related activities, damages the value of the property or interferes with other tenants’ use of the property, the landlord can issue a three-day notice to move out. The tenant must move out after this kind of notice. There is no option to stay and correct the problem.

Notice: In order for a landlord to take legal action against a tenant who does not move out, violation notice must be given in accordance with RCW 59.12.040.

• Personally serving a copy to person(s) on the rental agreement

• Leave copy with someone of a suitable age and also mailing a copy

• Posting a copy in a conspicuous place on the premises and mailing a copy

Starting eviction lawsuit: In order to properly start the Unlawful Detainer (Eviction Lawsuit) the landlord must first HAVE the tenant served with an Eviction Summons and Complaint for the Unlawful Detainer.

The Summons and Complaint must be personally served to the tenant. When the landlord is unable to personally serve the tenant, the landlord may use alternative means of service which include posting and mailing.

*Note: The landlord can have the tenant served with the Summons and Complaint before they file it with the court. A tenant must still respond to the Summons and Complaint whether or not it is filed with the court in order to be in compliance. The response must be in writing. An email or a text is not enough. The response requirements are in the Summons. The tenant can hand-deliver the response, or can use a fax number provided in the summons to fax the tenant’s response. Save the transmission record.

This notice is intended to provide general information only. It is not a substitute for legal advice. It is very important that the tenant seek legal advice as soon as they possible. However, it is critically important for the tenant to respond in writing to the summons and complaint by the deadline to avoid a default judgment.

Tenants can find additional information on the eviction process by referring to publication “Eviction and Your Defense” at www.washingtonlawhelp.org

FAIR HOUSING IN TACOMA KNOW YOUR TENANT RIGHTS

City of Tacoma fair housing law, per Tacoma Municipal Code Chapter 1.29, makes it illegal to discriminate in the rental sale, financing, insurance, or advertising of housing because of:

• Race

• Color

• Sex

• Religion

• National Origin or Ancestry

• Familial Status

• Disability

• Marital Status

• Age (Over 40)

• Sexual Orientation/Gender Identity

• Veteran/Military Status

• Source of Income

Have you ever…

• Been denied an apartment or the purchase of a home?

• Had a landlord ask about your disability?

• Been denied housing because of your service animal?

• Had a housing provider tell you that families with children can only live on the ground floor?

• Been asked what country you are from?

• Found your maintenance requests go unanswered when your neighbors get their requests done immediately?

• Denied an application for housing because you receive rental assistance from Section 8 or another subsidy program?

To file a complaint or ask questions:

• Call the City of Tacoma at 311 and ask to be directed to the Fair Housing Coordinator.

• The Fair Housing Coordinator will help you draft your complaint.

• The complainant must submit a signed complaint to the Office of Equity and Human Rights within one year of the alleged date of discrimination.

The law protects the person who filed the complaint and anyone who participates in the investigation from retaliation.

COMMUNITY STANDARDS FOR PROPERTIES AND BUILDINGS

City of Tacoma protects the health, safety, and welfare of Tacoma residents by enforcing Tacoma Municipal Codes 2.01 and 8.30. These community standards for property and building maintenance define the following issues as code violations:

Nuisance Properties:

These types of properties may be a health and sanitation hazard, fire hazard, and may have rodents. Nuisance properties may have large piles of junk and debris, broken down vehicles and overgrown vegetation.

Substandard Buildings:

Substandard building can be occupied, but have building code violations related to building safety and minimum building standards that must be corrected. Issues present on a substandard building might include broken windows, peeling paint, missing or clogged gutters, or a leaking roof.

Derelict Buildings:

Derelict buildings cannot be occupied, are buildings which are not safe for people to live in and may be abandoned. Any building that does not have active utilities is a derelict building that must not be occupied.

Identifying and Reporting Code Violation Concerns:

If you identify a property that is in violation of City code, you can report the issue to TacomaFirst311 (call 3-1-1 within City limits or 253-591-5000). Reports may be made anonymously.

You may also look online for information about current and previous violations by searching for an address at www.cityoftacoma.org/codeviolations.

Code Compliance Action on Reported Concerns:

Code Compliance staff inspect all reported concerns. If a code violation is found, staff works with the property owner to correct the issue. If the property owner does not make timely repairs, the City may issue civil penalties (fines). In some instances, if the property owner refuses to take action, the City may request a warrant to abate nuisance conditions at the expense of the property owner.

Learn More about Code Compliance:

Code Compliance also handles Graffiti (TMC 8.30 and 8.122), Public Nuisance Vehicles (TMC 8.23) Noise Violations (TMC 8.122) and enforcement of other community issues. To learn more about Code Compliance, visit www.cityoftacoma.org/code.

RESOURCES

CITY OF TACOMA— LANDLORD-TENANT PROGRAM

The primary function of the Program is to provide information and referrals to both landlords and tenants on their rights and responsibilities according to the Washington State Residential Landlord-Tenant Act (RCW 59.18) and the Rental Housing Code (TMC 1.95). This service is free and available to both property owners and tenants within the Tacoma city limits.

Landlord-Tenant Coordinator

Can be contacted during regular business hours by calling 311 or (253) 591-5000

Walk-In Wednesdays

9 AM - 1 PM

747 Market Street Tacoma, WA 98402 - Located in the Customer Support Center

Legal Resources:

TACOMAPROBONO

Tacomaprobono provides low-income individuals with free legal advice. Do you need legal advice about a landlord-tenant problem (rental agreements, moving, deposits, repairs, eviction, etc.) or any other type of housing issue? Call the Tacomaprobono’s Housing Justice Project at (253) 572-5134, or e-mail vls@tacomaprobono.org.

CLEAR

Do you need a telephone consultation with an attorney about your legal problem? If you are outside King County, call the CLEAR intake line first. If you are deaf or hard of hearing, please call our CLEAR intake line at 1-888-201-1014 using your preferred TTY or Video relay service.

WASHINGTONLAWHELP.ORG

WashingtonLawHelp is an online guide to free civil legal services for low-income persons and seniors in Washington. This website provides legal education materials and tools that provide basic information on a number of legal problems, and in some cases, detailed instructions and forms to help you represent yourself in court.

Housing Resources:

211

Start by calling Washington State 211 at 2-1-1 from a landline, 206-461-3200 or 800-621-4636 or 206-461-3610 for TTY/hearing impaired calls. You’ll be asked to explain your situation and give your address and zip code for referrals to agencies serving the area where you live. The staff at the Community Information Line will tell you about agencies that can help with rental and move-in costs. They can also refer you to other resources such as financial education classes.

Associated Ministries:

Rapid Rehousing Program 253-253-682-3401

Fair Housing Resources:

City of Tacoma Human Rights Division: 311 or 253-591-5000- Fair Housing enforcement and information for tenants within Tacoma city limits.

Washington State Human Rights Commission: 800-233-3247 Enforces the law against discrimination and investigates complaints regarding civil rights violations.

Fair Housing Center of Washington: 888-766-8800 Provides support and education for renters filing discrimination complaints or requesting reasonable accommodations from their landlords.

Dispute Resolution:

Pierce County Center For Dialog & Resolution

717 Tacoma Ave S Tacoma WA 98402

Phone: 253-572-3657

Fax: 253-572-3579

URL: www.centerforresolution.org

Email: info@centerforresolution.org