LANDLORD RESOURCE GUIDE TACOMA-PIERCE COUNTY
2nd Edition August 2019
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A C K N OW L E D G E M E NT S
Researched, written & edited by: Mark Morzol, JD, Managing Attorney Tacoma-Pierce County Bar Association Tacomaprobono Community Lawyers Housing Justice Project Ashley Duckworth, Paralegal Tacomaprobono Community Lawyers Tacomaprobono Housing Justice Project Booklet design & layout by: Laurie Davenport Tacoma-Pierce County Bar Foundation Original photographs by: Kimberly M. Davenport Laurie Davenport Project funded by: Tacoma-Pierce County Bar Foundation
copyright 2019 Tacoma-Pierce County Bar Foundation
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I NT R O D U CT I O N
This publication was created by the Tacomaprobono Community Lawyers Housing Justice Project. The HJP provides legal advice and representation to tenants facing eviction in Pierce County, Washington, as well as legal services for all types of housing issues for low-income individuals, general public legal information/community outreach and professional education and consultation. For more information on HJP please see our website, http://tacomaprobono.org. The 2nd Edition of the Landlord Resource Guide (1st Edition published in December 2018 with the assistance of the Landlord Liaison Project) contains information about significant changes made by the Legislature to the Washington State Residential Landlord-Tenant Act (effective in July 2019) as well as important changes in the new Rental Housing Code adopted by the City of Tacoma, (effective in February 2019) affecting landlords renting properties within the city of Tacoma.
This guide is intended for educational purposes only, and should not be treated as legal advice for any particular situation.
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TABLE OF CONTENTS
GLOSSARY AND DEFINITIONS.………………………………….…...1 ENTERING INTO A RENTAL AGREEMENT…………………........….5 TENANT SCREENING PRIOR TO RENTING SOURCE OF INCOME DISCRIMINATION THE LEASE OR RENTAL AGREEMENT RESTRICTIONS ON LEASE OR RENTAL AGREEMENTS DEPOSITS DURING THE TENANCY.…………………………………….….……15 LANDLORD’S REQUIREMENTS TENANT’S REQUIREMENTS FEDERAL FAIR HOUSING LAW REPAIR REQUESTS RETALIATION ENDING A TENANCY………….……………………....………....…....26 10-DAY NOTICE TO COMPLY OR VACATE 14-DAY NOTICE TO PAY RENT OR VACATE 20-DAY NOTICE TO TERMINATE TENANCY 3-DAY NOTICE FOR WASTE/NUISANCE 120-DAY NOTICE FOR TERMINATION GIVING THE NOTICE CITY OF TACOMA RENTAL HOUSING CODE.....................................33 LANDLORD’S REQUIREMENTS PAYMENT PLANS FOR DEPOSITS/MOVE-IN FEES RENTAL INCREASES TERMINATING TENANCIES RESOURCES…………………………………………………....….…..36
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GLOSSARY AND DEFINITIONS
COMPREHENSIVE REUSABLE TENANT SCREENING REPORT A report generated by a third party within 30 days that lists a tenant’s rental history, eviction history, rent references, and employment verification. DAMAGE DEPOSIT - A deposit of money by the tenant to protect the landlord from any physical damage done to the dwelling unit by the tenant. DWELLING UNIT - A structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes. EMOTIONAL SUPPORT/ASSISTANCE ANIMAL - an animal without special training that helps alleviate a medical condition of a person with disabilities. FIXED TERM - The amount of time that a lease agreement is for (such as one year or six months). LANDLORD - A person who rents a dwelling unit to others. LEASE - A written or oral contract between the landlord and tenant where the tenant can possess and use the landlord’s property or dwelling unit for a fixed period of time in exchange for rent. LIABILITY - The state of being responsible for something, especially by law. MONTH-TO-MONTH TENANCY - A rental agreement for a one-month period that is renewed automatically each month for another month until properly terminated by either party.
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GLOSSARY AND DEFINITIONS
ORDINARY WEAR AND TEAR - The expected decline in the condition of a property due to normal everyday use. It is a deterioration that occurs in the course of living in a property. Ordinary wear and tear does not include damages caused by tenant’s abuse or neglect. OCCUPANCY - The act, state, or condition of being or becoming a tenant or of living in or taking up quarters or space in or on something; the possession or tenancy of a property. ORDINANCE - A piece of legislation enacted by a municipal authority. PERIODIC TENANCY - A rental agreement for a period of time that is renewed for automatically for another period of time until properly terminated by either party. Similar to a month-to-month tenancy, but a periodic tenancy covers a different time frame, for example a two-week tenancy where the tenant pays rent every two weeks. PREMISES - Premises are the building, the land and all the improvements on it. REASONABLE ACCOMMODATION - Whenever a disabled tenant submits a request that a rule, policy, practice, or service be changed or modified in some way in order to afford him or her with an equal opportunity to use and enjoy a dwelling. RENTAL AGREEMENT - All agreements which establish or modify the terms, conditions, rules, regulations, or any other provision concerning the use and occupancy of a dwelling unit. RESIDENCE - A person’s home; the place where someone lives.
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GLOSSARY AND DEFINITIONS
RETALIATION - Retaliation against tenants who assert their rights under landlord-tenant law is prohibited. Retaliation includes terminating a tenancy, increasing rent, increasing a tenant’s obligations, or decreasing a tenant’s services. RLTA - The Washington State Residential Landlord-Tenant Act, located at RCW 59.18. The RLTA is the law that governs residential landlord-tenant relationships throughout Washington. SECURITY DEPOSIT - A deposit of money by the tenant to protect the landlord from any financial obligations or damage done to the dwelling unit by the tenant. SECURITY DEPOSIT DEDUCTIONS - The amount of money that the landlord is able to deduct from the security deposit if the tenant does not leave the dwelling unit in the same condition it was when the tenant moved in. SERVICE ANIMAL - Any animal specifically trained to perform a function assisting a person with disabilities. TENANT - Any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. TERMINATION OF A LEASE/RENTAL AGREEMENT Ending the landlord-tenant relationship before the lease or rental agreement term expires through the ordinary passage of time. TEN-DAY NOTICE TO COMPLY OR VACATE - A written notice to comply or vacate informs a tenant that the tenant is violating the terms of the lease or rental agreement, other than the payment of rent.
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GLOSSARY AND DEFINITIONS
THREE-DAY NOTICE FOR WASTE, NUISANCE, OR UNLAWFUL USE OF PREMISES - When your tenant commits waste, nuisance, minor criminal acts, or unlawful business, you are not required to give the tenant an opportunity to cure. FOURTEEN-DAY NOTICE TO PAY OR VACATE - A written notice to pay rent or vacate, that informs the tenant that he or she must pay the rent owing within fourteen days of the landlord can start eviction proceedings. TWENTY-DAY NOTICE TO TERMINATE TENANCY - A written notice that ends a month-to-month tenancy. It does not terminate an unexpired lease agreement. To be effective, a twenty day notice to terminate tenancy must be served at least twenty days in advance of the last day of a rental period and must terminate the tenancy as of the end of the last day of a rental period.
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Entering Into a Lease or Rental Agreement
Both a lease and a rental agreement establish the terms, conditions, rules, and regulations concerning the tenant’s use of a dwelling unit. Although the terms “lease” and “rental agreement” usually used interchangeably, a lease agreement is a contract for a fixed term and a rental agreement is not. Leases and rental agreements may be either an oral agreement by the parties or be in placed in writing. Regardless of whether the lease or rental agreement is oral or in writing, most common landlord-tenant relationships are governed by the Residential Landlord-Tenant Act (“RLTA”). That means some of the most important terms of the lease or rental agreement are automatically defined by law, whether addressed by the parties or not. In addition, some of these terms are fixed by law--that is, neither the landlord nor the tenant can change them, even if they want to. Certain types of tenancies are excluded from the RLTA, including: 1, Occupancies based upon a contract to purchase the premises; 2. Occupancies in hotels, motels, and other transient lodging accommodations; and 3. Occupancy by an employee of the landlord when the employee’s right to occupy the premises is conditioned on employment. The rules surrounding these types of tenancies are different from traditional landlord-tenant relationships covered by this manual. For help with these types of tenancies, obtain specific legal advice.
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Tenant Screening Prior to Renting
Many landlords use third-party screening services to obtain information relevant to whether a landlord will enter into a lease or rental agreement with a prospective tenant. If a landlord chooses to do tenant screening, the RLTA provides several requirements. FIRST, landlords are required to provide written notice informing the prospective tenant of several details. The written notice must: 1. Include the type of tenant information that will be accessed by the screening (i.e., credit reports, public records, eviction filings); 2. Inform the tenant of what information could result in the tenant’s application being denied; 3. Include contact information for the specific consumer reporting the agency the landlord is using, along with notification that the tenant has the right to request a free copy of the consumer report if the tenant is denied. The landlord must also inform the tenant of his or her right to dispute the accuracy of the consumer report. These disputes are done through the consumer reporting agency, not the landlord; 4. Indicate whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. A comprehensive reusable tenant screening report is a report generated by a third party screening service within 30 days that includes the tenant’s criminal history, eviction history, employment verification, and a list of prior landlords or rental history. Since prospective tenants applying to many landlords may find this expensive, a comprehensive reusable tenant screening report may be highly cost effective for prospective tenants. The acceptance of comprehensive reusable tenant screening reports is optional for landlords. If a landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may still access the landlord's own tenant screening report regarding a prospective tenant, as long as the prospective tenant is not charged for the landlord's own tenant screening report. Also, if a landlord uses a website to advertise available housing, the landlord must include a notice as to whether the landlord does or does not accept comprehensive reusable tenant screening reports.
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Tenant Screening Prior to Renting
If a landlord fails to provide the prospective tenant with a written notice before screening or a written adverse action notice if denied, then the landlord may be liable to the tenant for up to $100. The prevailing party can also recover court costs and reasonable attorney fees. SECOND, whether using a tenant screening service or not, landlords can only charge prospective tenants for the actual cost of screening fees. The costs to run a tenant screening or to place calls to prior landlords to check references are actual costs. Landlords are not permitted to have a prospective tenant pay anything above the actual cost of screening or profit from application fees. Application and screening fees generally cost $35–$75 per tenant applying. Most landlords pay tenant screening companies to research potential tenants, including criminal background checks, credit checks, eviction and court records, employment history and rental histories. Tenant screening services also look for things such as histories of late payments, bankruptcies, and any evictions or money owed to a previous landlord. Various third parties offering tenant screening services with differing rates and information provided. THIRD, the RLTA also requires that if a prospective tenant’s application is denied, the landlord must provide a written adverse action notice stating the specific reasons and consumer report or information that led to the denial. There is a sample form of the adverse action notice in RCW 59.18.257.
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Source of Income Discrimination
Some tenants applying for a dwelling unit may have third-party assistance in paying rent. Some of the various forms of third-party assistance are housing vouchers, veteran benefits, emergency rental assistance, social security, or disability payments. Under the RLTA, landlords cannot discriminate against a tenant based upon the source of their income for paying rent. A landlord who terminates a tenancy, sets different prices or fees, discourages tenants from applying for a tenancy, or states that a dwelling unit is not available when it actually is available, based solely on a tenant or prospective tenant’s source of income, can face substantial penalties. These penalties can be up to four-and-one-half times the monthly rent, as well as court costs and attorney fees. If a landlord requires tenants applying for housing to meet certain income thresholds, then the landlord must deduct the amount of the third-party assistance from the monthly rent before determining whether the tenant applying for the dwelling unit is eligible. For example: A landlord is renting a dwelling unit for $1,000 a month and requires tenants to have a monthly income of three times the monthly rent to be eligible. Therefore, a prospective tenant would have to show monthly income of $3,000 or more for the tenant to eligible under the landlord’s income requirements. A tenant then applies for the dwelling unit and has a monthly housing voucher in the amount of $800. The landlord would subtract the $800 from the monthly rent of $1,000 before determining if the tenant meets the landlord’s income requirement. Therefore, the tenant with the housing voucher would have to show monthly income of $600 to be eligible. The RLTA’s source of income discrimination does not mean that a landlord cannot refuse to enter into a tenancy when a prospective tenant has some form of third-party assistance to pay rent. For prospective tenants, a landlord can still do a background check to ensure the tenant is a qualified renter, and the landlord can still use income eligibility, as long as the landlord properly deducts the housing assistance amount from the monthly rent before calculating income. For current tenants, a landlord can still start an eviction proceeding if a tenant fails to pay rent or violates other rules of the tenancy by
providing the appropriate written notice. (see the section of this publication on ‘Ending Tenancy..’
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The Lease or Rental Agreement
Landlords are required to provide a copy of a written lease or rental agreement to each tenant signing the contract. A tenant may request one free replacement copy at any time during the tenancy. In general, there are three different types of tenancies in Washington: 1. Month-to-month tenancies (or “periodic tenancies� for rental periods that are different than monthly) do not contain specific time limits. The tenancy continues from month-to-month or period-to-period until one party issues a notice to the other to terminate the tenancy. Notices to terminate month-to-month or periodic tenancies are only effective if written and given twenty (20) or more days prior to when the rent is due. Tenancies in the city limits of Tacoma now require landlords to give sixty (60) days notice to terminate a tenancy (see the City of Tacoma Rental Housing Code section of this publication). Verbal rental agreements are legal in Washington and if no set term is agreed by the parties, these verbal agreements are considered month-to-month tenancies. Landlords may change almost any of the terms of month-to-month tenancies, but must give at least 30 days notice in writing prior to any changes. However, if a landlord wishes to increase the amount of rent a tenant pays, then the landlord must provide at least 60 days notice in writing prior to the rent increase. The changes can only become effective on the day rent is due. Generally in a month-to-month rental, the landlord can raise the rent as much or often as the landlord desires. 2. Fixed-term leases are leases for a specific period of time. Fixed term leases must be in writing. One year leases are very common, although leases for shorter periods of time--such as 6 months or 9 months--are not unusual. Lease agreements intended to last longer than 12 months must be notarized to be valid. Leases provide both the tenant and the landlord with an assurance that the tenancy will last a specific time period. Tenants are obligated to meet the conditions of the lease for the full term or face penalties. Leases also restrict the landlord from increasing the rent or changing the rules of tenancy during the fixed term. Any such changes must be done at the conclusion of the lease’s fixed term and with proper written notice (see time periods in the month-to-month tenancy section above). The landlord can only change a lease they have already signed during the fixed term if the tenant voluntarily agrees to the change.
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The Lease or Rental Agreement
A tenancy for a fixed term automatically terminates at the end of the stated lease term unless the contract states otherwise. Typically, fixed term leases contain language that automatically converts the tenancy to month-to-month tenancy at the end of the stated lease term. If a lease does not have language automatically extending its term or rolling the lease into a month-to-month tenancy, then neither party needs to give written notice to terminate the lease. Either the tenant moves out at the conclusion of the fixed term or the parties negotiate a new term. 3. At-Will Tenancies are a type of tenancy as well. An at-will tenancy is created when a person is allowed to occupy the premises without agreed upon rent. For example, a homeowner may allow a person to move in to their home to get back on their feet but with no agreement to pay rent. Although still a type of tenancy, at-will tenancies are not governed by the RLTA and the eviction process is different for removing an at-will tenant. Please obtain legal advice specific to your situation if the occupant of the premises is an at-will tenant.
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Restrictions on Leases or Rental Agreements
Leases and rental agreements are contracts. And generally, the parties to a contract can create their own terms for a contract. However, with the lease or rental agreements for housing, the RLTA may override certain rental terms or conditions. The RLTA also restricts landlords from including certain provisions in a residential lease or rental agreement. A landlord cannot put a term in a residential lease or rental agreement that: Waives (gives up/takes back) any right the RLTA provides tenants; Makes a tenant give up their right to defend themselves in court against the landlord; Limits the landlord’s legal accountability when he or she would normally be responsible; Says the landlord does not have to make needed repairs to the dwelling unit; Lets the landlord enter the rental unit without first giving the tenant proper notice or to harass the tenant; Requires the tenant to pay for damages that are not the tenant’s fault; Says the tenant must pay the landlord’s lawyer fees if an argument goes to court, even if the tenant wins.
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D E P O S IT S
Most leases and rental agreements require tenants to pay a deposit. There are different types of deposits. A damage deposit is an amount a tenant pays to protect the landlord from physical damage above and beyond ordinary wear and tear to the dwelling unit. A security deposit is an amount the tenant pays to protect the landlord against any type of financial damage the landlord suffers as a result of the tenancy. In other words, a landlord may deduct costs for a tenant’s eviction, unpaid utility bills, or physical damage to the premises from a security deposit, but not from a damage deposit, which only protect the landlord from physical damage. Be careful of whether your lease or rental agreement charges the tenant a damage deposit or security deposit because it will change what you deduct after the tenancy ends. In order to lawfully collect a deposit, the RLTA requires several things from the landlord: Have a Written Agreement. A landlord must have a written lease or rental agreement with the tenant prior to collecting a deposit. The written agreement must list the reasons the landlord can withhold all or a portion of a tenant’s security deposit. Deposits are NOT permitted for verbal lease or rental agreements. Include a Written Checklist. A landlord must provide a written checklist which details the condition, cleanliness and any prior existing damage to the property before collecting a deposit from a tenant. Both the landlord and the tenant must sign and date the written checklist. The tenant must also receive a copy of the checklist. If a landlord fails to provide a written checklist prior to collecting a deposit, then the tenant can be entitled to the return of the tenant’s full deposit, as well a court costs and attorneys’ fees. Landlords in Washington are not allowed to make a tenant's security deposit non-refundable. Landlords can however, charge separate non-refundable fees, which are different than deposits. An example of a non-refundable fee could be a fee for having a pet in the property. A landlord may only charge a non-refundable fee if (1) the lease or rental agreement is in writing; and (2) the lease or rental agreement expressly informs the tenant that the particular fee is non-refundable. If these two criteria are not met, a non-refundable fee becomes a deposit and is governed by the rules covering deposit returns.
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D E P O S IT S 3 Options for Storing Tenant's Security Deposit
Landlords in Washington have three different choices for storing a tenant’s security deposit. A landlord may: 1. Place the deposit in a trust account, set up by the landlord, which is only for tenants’ security deposits (i.e., the deposit cannot be mixed with other money of the landlord); 2. Place the deposit in a state or national financial institution, which includes banks, trust companies, savings and loan associations and credit unions; 3. Place the deposit with an escrow agent, who is licensed and located within the state of Washington.
Must Give Tenant a Written Receipt After collecting a tenant’s deposit, landlords must provide the tenant with written notice that includes (1) the amount of the deposit; (2) the name of the institution where the deposit is being held; and (3) the address of the institution where the deposit is being held. If a landlord moves the deposit to a different institution during the tenancy, the landlord must again notify the tenant in writing with the name and address where the deposit is now being held.
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D E P O S IT S Return of Deposit
Within twenty-one (21) days after a tenant vacates a unit, a landlord must provide the tenant with a full and specific statement itemizing any damages being deducted from the deposit and also the return of any remaining portion of the deposit. The deposit is considered “returned” if the landlord provides it personally to the former tenant, or if the landlord places the deposit in the U.S. mail to the tenant’s forwarding address. Either of these actions--personally returning or mailing--must be done within 21 days in order for the landlord to have complied with the RLTA. Failure to Return Deposit on Time If a landlord makes any deductions from the tenant’s deposit, the landlord must include a written statement itemizing the specific amount for each deduction that has been withheld along with a reason why. With this itemized statement, the landlord must return any portion of the deposit that is due back to the tenant. Landlords who fail to follow the RLTA’s deposit return rules--a written lease or rental agreement, a written checklist done before move-in, and return of the deposit within 21 days--may owe the tenant the return of the ENTIRE deposit. If the tenant has to sue to get his or her deposit back, and the court finds that the landlord intentionally withheld the security deposit when the landlord was not supposed to, the court can award the tenant up to two times the amount of the deposit, along with court costs and attorney fees.
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During the Tenancy - LANDLORD’S REQUIREMENTS The RLTA outlines landlord and tenant duties during the tenancy. Every landlord in Washington has certain duties to tenants, regardless of the language of the lease or rental agreement.
LANDLORD’S NON-OPTIONAL DUTIES Maintain the unit so it does not violate state and local laws in ways that endanger the tenant’s health and safety; Keep shared or common areas reasonably clean and safe; Fix damage to chimneys, roofs, floors, and any other structural parts of the dwelling unit; Maintain a reasonable program to rid the premises of insect, rodent or other pest problems, except when the tenant caused the problem (this requirement does not apply to single-family homes); Make repairs to the unit, except for repairs to fix conditions caused by normal wear and tear; Provide good locks for the unit and provide the tenant with keys; Replace a lock or configure an existing one for a new key, at the tenant’s expense, upon the tenant’s request after the tenant obtains a protective court order excluding a former co-tenant; (For example: a restraining order against a spouse, boyfriend or girlfriend, or domestic partner after a restraining order is issued against them.) Provide the tenant’s dwelling unit with functioning heat, running water, and hot water; Maintain all plumbing, electrical, and heating systems in good working order; Provide smoke detectors and make sure they work when the tenant moves in (after move-in, it is the tenant’s responsibility to buy new batteries and maintain smoke detectors);
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During the Tenancy - LANDLORD’S REQUIREMENTS LANDLORD’S NON-OPTIONAL DUTIES - continued Provide at least 48 hours written notice prior to entry into the premises, with the entry being limited to reasonable times. The written notice must list a contact number for the landlord so that the tenant can object or reschedule (this written 48-hour notice is not required if the landlord’s entry onto the premises is because of an emergency situation); Fix other appliances that come with the rental; Provide trash receptacles and arrange the removal of trash from such receptacles (this does not apply to single-family homes); Tell the tenant the name and address of the landlord or the landlord’s agent so that the tenant can provide notices to the landlord; Provide the tenant with receipts for rent payments made in cash, even if the tenant does not specifically request a receipt. If the tenant makes a payment in any form other than cash, the landlord must provide the tenant a receipt if requested by the tenant.
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During the Tenancy - TENANT’S REQUIREMENTS Tenants in Washington state also have certain duties to landlords.
TENANT’S DUTIES INCLUDE: Pay rent and any utility bills at such times agreed upon in the lease or rental agreement; Follow city, county and state regulations concerning the premises; Keep the unit reasonably clean and sanitary; Dispose of garbage properly; tenant;
Pay for removal of pest infestations caused by the Properly use all plumbing, electrical and heating systems; Restore the premises to the same condition as when the tenant moved in, except for normal wear and tear.
THE RLTA PROHIBITS TENANTS FROM: Engaging in, or allowing, any gang or drug-related activity on the property; Intentionally causing damage to the dwelling unit above ordinary wear and tear; Allowing lots of garbage or rubbish to build up in or around the dwelling unit; Causing a nuisance on the rented premises (a nuisance is a substantial and unreasonable use of the premises that interferes with the ability of other people or tenants to use their own property).
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Federal Fair Housing Law REASONABLE ACCOMMODATIONS
The Fair Housing Act (FHA) is a federal law that applies to nearly all housing in the United States. The FHA provides additional duties that landlords owe to disabled tenants. The FHA applies to virtually all housing units, except when a landlord is renting a single-family home and owns three or less single family houses at one time, or when a landlord is renting a single property with four or less units and the landlord lives in one of the units. For residential landlords, the FHA prohibits discrimination in offering housing and during the course of a tenancy. One of the key protections of the FHA is the right of individuals with disabilities to request a reasonable accommodation to change the rules, policies, practices, or services of a housing provider. Landlords cannot refuse a disabled tenant’s reasonable accommodation request, unless the accommodation request either creates an undue burden on the landlord or is a fundamental alteration of the service the landlord provides. Whenever a disabled tenant submits a request that a rule, policy, practice, or service be changed or modified in some way in order to afford him or her with an equal opportunity to use and enjoy a dwelling, such a request is a reasonable accommodation request. FOR EXAMPLE: A disabled tenant may receive their disability payment on a certain date every month and request the landlord accommodate the tenant by allowing the tenant to pay rent on the day the tenant’s disability check arrives to avoid late fees. This would likely be a reasonable accommodation that the landlord must provide because the request does not fundamentally alter the landlord’s services or create an undue burden on the landlord. The landlord is still only providing housing and still gets paid rent, just on a different day. However, if a disabled tenant requests that a landlord drive the tenant to the store once a month to get groceries, the landlord would not have to provide such an accommodation because it is a fundamental alteration of the service a landlord provides (the landlord is providing housing for rent, not operating a taxi service).
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Federal Fair Housing Law REASONABLE ACCOMMODATIONS
A tenant may request a reasonable accommodation for a disability at any time during the tenancy. The tenant does not need to disclose his or her disabilities to the landlord prior to moving in. The landlord receiving a disabled tenant’s reasonable accommodation request must provide a prompt response either accepting the tenant’s request or suggesting an alternate accommodation that meets the same goal. A landlord who does not respond timely to a disabled tenant’s reasonable accommodation request may be deemed to have intentionally failed to provide the reasonable accommodation. Also, landlords cannot not require disabled tenants to pay an extra fee, charge, or deposit as a condition to receiving a reasonable accommodation. Not all disabilities are visible and there may be times when a landlord asks a tenant to provide additional information. Such additional information concerning a tenant’s disability can often be provided by the tenant who has requested the accommodation, such as by submitting proof that the individual receives disability benefits or by submitting a credible statement from the tenant. This information can also be verified by a doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability. However, the additional information need only indicate that the reasonable accommodation is required by the tenant’s disability and the tenant’s specific disability or medical condition does not need to be disclosed to the landlord.
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Federal Fair Housing Law REASONABLE ACCOMMODATIONS
Reasonable Accommodation for Pets One of the more common reasonable accommodations requested by disabled tenants is to keep a service animal or emotional support/assistance animal in the dwelling unit. The FHA is different than other federal disability laws and allows disabled tenants to request either a service animal or a emotional support animal. Service animals are trained to perform a certain task (such as a seeing eye dog). Emotional support animals alleviate one of the tenant’s medical conditions, but do not have to be specifically trained. Service animals and emotional support animals are not “pets” and a landlord cannot treat the service animal or emotional support animal as the disabled tenant having a pet. That means a landlord may not require increased rent, ask for a pet deposit, or change other lease terms because of an disabled tenant’s service or support animal. Generally, a landlord must approve a service animal or emotional support animal as a reasonable accommodation if keeping that animal is “feasible” and “practical”. However, a disabled tenant’s reasonable accommodation request for a service animal can be denied if the landlord can specifically show that the service animal or emotional support animal poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation, or if the animal would cause substantial physical damage to the property that cannot be reduced or eliminated by another reasonable accommodation. These situations are not always easy to assess and a landlord must complete a case-by-case determination of each specific reasonable accommodation request.
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Federal Fair Housing Law REASONABLE ACCOMMODATIONS
Reasonable Accommodation for Pets - continued FOR EXAMPLE: A disabled tenant has requested a reasonable accommodation to have a large dog breed as an emotional support animal. Even though the landlord has a “no pets” policy for the premises, the landlord cannot deny the reasonable accommodation request only because of the “no pets” policy. If the landlord is concerned that the emotional support animal may be troubling to other tenants, the landlord can require the tenant minimize the risk by keeping the emotional support dog in a kennel when the landlord or landlord’s staff are in the dwelling unit and by requiring the disabled tenant to keep the emotional support animal on a leash when outside of the unit.
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REPAIR REQUESTS
The RLTA requires landlords to make repairs to the dwelling unit to keep the unit fit for living and renting. However, landlords are not required to make repairs to the dwelling unit if the item to be repaired was damaged by the tenant or a guest of the tenant, or when the tenant unreasonably fails to allow the landlord access to the premises to make repairs. Under the RLTA, the tenant must provide the landlord with a written notice about what items need to be repaired by the landlord. Once the tenant has provided the landlord with written notice, the RLTA provides the landlord with certain deadlines to start making the repairs requested. For repairs to water, heat, or electricity, or if the repair is causing a life-threatening problem, the landlord has one day (24 hours) to start repairs. For most appliances, such as refrigerators, stoves, ovens, or plumbing fixtures, the landlord has three days (72 hours) to start repairs; For all other repairs, the landlord has ten days to start repairs. If a landlord has received written notice of a repair request, and the landlord has not started repairs within the timeframes listed above, the tenant has several options. In order to use any of these options, the tenant must be current in rent.
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REPAIR REQUESTS
OPTION 1: The tenant can end their tenancy and move out. In order for the tenant to terminate their tenancy based upon failure to make repairs, the tenant simply needs to give the landlord written notice that they are moving because of the repair issues. If the tenant ends his or her tenancy because of the repair issues, the landlord cannot withhold any amount of the tenant’s deposit. The landlord must also return any amounts of prepaid rent. For example, if the tenant has paid the current month’s rent but moves on the 15th of the month because the landlord did not make repairs, then the landlord must return half of that month’s rent, along with the full security deposit. OPTION 2: The tenant can go to court or arbitration. The tenant can get a lawyer and ask the court to force the landlord to make repairs or ask the court to reduce the amount of rent to be charged each month until the repairs are made. If both the landlord and tenant agree, the parties can go to arbitration. Arbitration is when a neutral third party hears the arguments on both sides and makes a decision as opposed to a hearing before a judge. Arbitration is usually cheaper and quicker than going to court. OPTION 3: The tenant can hire someone to do the repairs and deduct the repair costs from the tenant’s rent. If a tenant is going to hire someone to make the repairs, the tenant must give the landlord a written estimate of how much the repairs will cost, then wait two days (48 hours) until having the repairs performed. The tenant can give the landlord the written estimate either at the same time as submitting the written repair request, or after the initial written repair request. If the tenant provides a written estimate of repair costs at the same time as providing the written request for repairs, then the tenant does not have to wait the additional two days before having the repairs performed.
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REPAIR REQUESTS
Under this method, the maximum amount that a tenant can charge and deduct from the rent for a single repair is up to two months of rent. If multiple different repairs are required, then the maximum amount the tenant can charge and deduct from the rent for all repairs is up to two month’s rent during any twelve-month period. EXAMPLE: If the tenant provides a written repair request for mold in the unit, the landlord has ten days to start repairs. The landlord has ten days because the repair does not affect water, heat, electricity, or an appliance. If ten days passes and the landlord does not start repairs, then the tenant can give the landlord a written estimate of repairs. If the landlord still does not start repairs after two more days, then the tenant can pay to have the repairs done and deduct that amount from the rent. OPTION 4: The tenant can make repairs themselves and deduct the repair costs from rent. This method is mostly identical to the method in Option 3 above, but with several differences. Like Option 3, the tenant must be current in rent and must give the landlord written notice of the repair request. If the landlord fails to start repairs within the timeframes in the RLTA, then the tenant can make the repairs themselves without providing any further written estimate to the landlord. If a tenant chooses to make the repairs themselves, the maximum amount that can be charged to the landlord and deducted from rent is one month’s rent during any twelve month period. Prior to deducting the amount from the rent, the tenant must allow the landlord to inspect the work performed by the tenant.
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R ET A L I AT I O N
There are times when a landlord may feel that they need to change the terms of a tenancy because of the tenant’s behavior. Some landlords believe that if a tenant is requesting a repair to an appliance, then the tenant should pay additional rent to help the landlord pay for the repair or replace the appliance. Landlords must be careful of these situations and be aware of Washington’s retaliation protections for tenants. Washington prevents landlords from retaliating against tenants who are in good standing just because the tenant is asserting their legal rights under the RLTA (such as asking for a copy of the rental agreement or requesting repairs) or asking a governmental agency to look into code complaints. Retaliation is broadly defined in the RLTA and includes terminating the tenant’s rental agreement, increasing the tenant’s rent, or increasing the obligations of the tenant. When a landlord takes one of the actions listed in Washington’s retaliation law (increasing rent, ending a tenancy, etc) within 90 days of the tenant contacting a governmental agency for a good faith complaint against the landlord, or asserting a right given to tenants under the RLTA, then a court is required to assume that the landlord’s action against the tenant was retaliatory. The landlord can still show that the action was not retaliatory, but these situations can become very fact-specific.
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ENDING A TENANCY
At some point, all tenancies end, often with both sides mutually agreeing to end the tenancy. The tenant will move on and the landlord will find another renter. Sometimes a landlord will need to start an eviction action against a tenant for failing to keep up his or her obligations under the lease or rental agreement. Washington does not allow self-help evictions (for example, changing the tenant’s lock when the tenant is not home, or turning off the tenant’s utilities to try to get the tenant to move), and landlords can face court action and monetary penalties for trying self-help evictions. Instead, landlords almost always need to get a court order to evict a tenant. The eviction process starts by providing the tenant with written notice as to why the landlord is seeking to evict the tenant. For some tenants with multiple ongoing violations of the lease or rental agreement, the landlord may have to provide multiple notices at the same time with different time frames to cure each breach of the lease. 10-Day Notice to Comply or Vacate When a tenant is not behaving according to the terms in their lease or rental agreement, then a landlord can give a tenant a ten (10) day notice to comply or vacate. A ten day notice is required for most lease violations other than the payment of rent. For example, some breaches of the lease or rental agreement properly cited on a ten day notice to comply or vacate include unauthorized pets, unauthorized occupants, and failure to pay utilities. Evictions from manufactured home parks require the landlord to provide fifteen (15) days to comply with lease terms or vacate, instead of ten days.
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ENDING A TENANCY
14-Day Notice To Pay Rent or Vacate Landlords who wish to evict a tenant for non-payment of rent must serve a notice to pay rent or vacate. A proper notice to pay rent or vacate must inform the tenant of the amount that is owed and give the tenant an option of paying the rent owing within fourteen (14) days or leave the property to avoid a potential eviction. In late July 2019, Washington state law changed and is now very specific regarding when a landlord can evict a tenant based on non-payment of amounts owing to a landlord. A landlord can only evict a tenant for non-payment of rent, but not for other monetary amounts owing under the lease agreement. “Rent” includes monthly or periodic amounts due under the lease agreement, utility charges due and owing, and a tenant’s missed payments under a payment plan for move-in costs. Any other charges, including late fees, damages, legal costs, attorneys’ fees or other fees under the lease agreement, cannot be included in a fourteen day notice, and more importantly, a landlord cannot evict a tenant for owing non-rent amounts to the landlord. Although a landlord cannot evict a tenant for owing non-rent amounts, a landlord can take steps other than eviction to try to recover non-rent amounts owing by a tenant.
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ENDING A TENANCY
A landlord must also be careful when determining if a tenant has failed to pay rent. Any money paid by the tenant to the landlord must first be applied to rent owing before the landlord can apply any payment toward late fees, damages, legal costs, or other fees. Washington state law provides a recommended fourteen day notice form for landlords to use that lists the only proper charges that can be included on a fourteen day notice. If a landlord strays too far from the recommended notice form provided by law, or does not provide the tenant with specific language allowing the tenant to pay or leave, then the court hearing the eviction case may not have jurisdiction and the landlord may need to start over. If the tenant provides the landlord with the full amount of rent owing and listed on the notice within fourteen (14) days, the landlord cannot refuse to accept the money. In that case, the tenant has cured the notice. If the tenant provides only a partial payment, the landlord does not have to accept the partial payment and the landlord can move forward with the eviction. However, if the landlord does accept partial payment, the court may view the landlord as having waived (given up) the right to move forward with the eviction until a new fourteen (14) day notice is given. In late July 2019, Washington state law also changed the rights tenants have to restore their tenancies after the fourteen day notice period has passed. If a tenant attempts to pay after the fourteen days has passed, but before the landlord has filed the eviction with the court, then the tenant can pay the amount listed in the notice, along with up to a maximum of $75 in late fees. If the tenant gives this amount to the landlord, then the tenant has restored his or her tenancy and the landlord cannot move forward with the eviction. Evictions from manufactured home parks also require the landlord to provide fourteen (14) days to pay rent or vacate, just like a residential tenancy. 28
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ENDING A TENANCY
20-Day Notice to Terminate Tenancy A twenty (20) day notice to terminate tenancy is the method to terminate a month-to-month tenancy without providing a reason. Twenty day notices to terminate month-to-month tenancies are called “no-cause” evictions because you do not need to provide the tenant a reason why you are ending the tenancy. A twenty day notice to terminate tenancy can only be used to terminate a month-to-month or periodic tenancy. It does not terminate an unexpired fixed term lease because a lease is a contract for a set amount of time. The timing of a twenty day notice is very important. A twenty day notice to terminate tenancy must be given to the tenant at least twenty days in advance of the last day of the rental period and can only terminate the tenancy as of the last day of a rental period. Often landlords give a twenty day notice and inform the tenant that he or she must move within twenty calendar days. This is incorrect. The date the tenancy terminates must be the day the rent is due and the landlord must give the tenant twenty or more days notice before the day the next month’s rent is due. Once a landlord has provided a tenant with a twenty day notice to terminate tenancy, the tenant must still comply with the terms of the lease agreement, including continuing to pay rent, because the tenancy does not end until the notice period has passed. The landlord must also continue to perform the landlord’s duties until the tenancy officially ends. A twenty day notice to terminate tenancy is generally valid throughout Washington state. However, some cities have adopted ordinances requiring tenants to receive a longer notice period. For example, the City of Tacoma requires a sixty (60) day notice to terminate tenancy. Always be aware whether the city in which the tenancy is located requires a longer notice period before terminating a tenancy.
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ENDING A TENANCY
3-Day Notice to Vacate for Waste, Nuisance or Unlawful Activity This eviction notice can be used when a tenant has committed acts that directly endanger the health, safety, or well-being of other residents of the property. If the tenant has engaged in certain specific criminal activities (such as drug manufacturing/trafficking, prostitution, violent crimes, etc.) on the premises of the rental property, the tenant can be given this notice. After receiving a three day notice for waste, nuisance, or unlawful activity, the tenant must vacate the dwelling unit or the landlord can proceed with an eviction. Unlike a fourteen day notice to pay or vacate for non-payment of rent, or a ten day notice to comply or vacate for failing to follow the lease terms, there is no opportunity for the tenant to correct the problem causing the waste, nuisance, or unlawful activity and save the tenancy. If the tenant does not move within the three days, the landlord can immediately start eviction proceedings against the tenant. 120-Day Notice for Substantial Rehabilitation or Change in Use If a landlord is terminating a tenancy in because the landlord intends to demolish or rehabilitate the dwelling unit, or changing the use of the property from a residential tenancy into something else, then the landlord must provide the tenant with one hundred twenty (120) days written notice before terminating the tenancy. The process of terminating a tenancy because the unit is being demolished, rehabilitated, or the landlord is changing the use of unit may be complicated, so a landlord doing so should consult legal advice specific to his or her situation.
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ENDING A TENANCY
Giving the Notice to the Tenant Prior to evicting a tenant, the landlord must begin the eviction process by “serving� one of the eviction notices listed above on the tenant. Serving a tenant is specific legal action that must be performed the correct way otherwise the landlord may not be able to proceed with the eviction. There are three ways that a landlord can serve an eviction notice on a tenant. 1. Personal Service: You may serve the notice to the tenant personally by handing them a copy of the notice. This method of service can be done anywhere, as long as the tenant is handed a copy of the notice. 2. Serve the Notice to a Person of Suitable Age at the Property and Mail a Copy: If the landlord goes to the property, knocks, and the tenant is not home, then the landlord can leave the notice with a person of suitable age AND mail a copy to the tenant through the U.S. mail to the property address. Mailing the notice by certified mail is not required; regular U.S. mail is okay. Whether a person is of suitable age to receive the notice is a question of fact that requires the landlord to use his or her judgment. A five-year old child probably would not be of suitable age, but a teenager or adult who is at the property would be. Service of a notice in this manner is not complete until both the delivery and mailing has been done. 3. Post Notice on the Door and Mail a Copy: If the landlord goes to the property, knocks, and nobody is home (the tenant is gone and there is no person of suitable age to give the notice), then the landlord can post the notice in an easily visible place (usually the front door) AND mail a copy of the notice to the tenant in the U.S. mail. It is not required that the notice be sent by certified mail; regular U.S. mail is okay. In order to use this method of service you must try to personally serve the tenant first, by knocking and making sure nobody is present. 31
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ENDING A TENANCY
Giving the Notice to the Tenant (continued) Whenever a landlord serves a tenant a notice by mailing (options #2 and #3 above), then the landlord must wait one additional day for the tenant to comply. For example, if the landlord serves a tenant with a fourteen day pay-or-vacate notice for unpaid rent, the landlord must give the tenant fifteen days instead of fourteen in order to pay the back rent. Regardless of which method of service a landlord uses for delivery of the eviction notice, the landlord will need a declaration of service to present to the court describingwhen and how the notice was served on the tenant. A declaration is a simple court document swearing under oath that the landlord delivered the eviction notice properly.
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CITY OF TACOMA RENTAL HOUSING CODE
The City of Tacoma instituted a new Tenant’s Rights Code on February 1, 2019, which provides some additional tenant protections. Landlords must be aware of and follow the provisions of this new code. This section applies only to landlords renting dwelling units within the city limits of Tacoma. Information Packets for Applicants: At the time a prospective tenant applies for tenancy in Tacoma, the landlord must provide the prospective tenant with two pieces of information: (1) a written version of the landlord’s rental criteria for determining whether a tenant is an eligible renter; and (2) a link to the City of Tacoma website which provides information about the property being rented. Landlords can find the link address by visiting the City of Tacoma’s website. Information Packet for Accepted Renters: Whenever a landlord in Tacoma enters into a lease or rental agreement with a new tenant, or signs a new lease or rental agreement with an existing tenant, the landlord must provide the tenant with a written information packet created by the City of Tacoma that provides the tenant with housing assistance resources and summarizes tenant and landlord duties. This packet can be found by visiting the City of Tacoma website. Payment Plans on Security Deposits and Move-In Fees: Renters in Tacoma can choose to enter into a payment plan for security deposits and other move-in costs. The payment plan options listed on the next page are available for all residential tenancies in Tacoma, unless the landlord is NOT requiring the tenant to pay last month’s rent upon move-in AND the security deposit is LESS than 25% of one-month’s rent.
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CITY OF TACOMA RENTAL HOUSING CODE
Payment Plans - continued: Tenancies for Three (3) Months or Longer: If the landlord and tenant are entering into a lease agreement that is three months or longer, then the tenant can pay the security deposit, non-refundable move-in fees, and last month’s rent in three equal installments, with the first installment due when the first month’s rent is paid. Month-to-Month Tenancies: If the landlord and tenant are entering into a month-to-month rental agreement, then the tenant can pay the security deposit, non-refundable move-in fees, and last month’s rent in two equal installments, with the first payment due when the first month’s rent is paid. Nothing in the City of Tacoma’s new housing code stops landlords and tenants from agreeing to make installment payments on a different schedule that both landlord and tenant agree to in advance. However, if a tenant provides the landlord with a written request to pay the security deposit, non-refundable move-in fees, and last month’s rent in installments, then the landlord must provide the tenant with a payment plan at least meeting the requirements listed above. These payment plan options do not include the cost for a tenant screening report. If the landlord performs a tenant screening, the landlord can still require the tenant to pay for the screening prior to accepting the tenancy. Rent Increase: The City of Tacoma requires landlords to provide sixty (60) days notice prior to increasing a tenant’s monthly rental amount, regardless of how big or small the rent increase is. The City of Tacoma does not place restrictions on how much a landlord may raise rent, but the landlord must give written notice at least sixty (60) days before the rent increase become effective.
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CITY OF TACOMA RENTAL HOUSING CODE
Terminating Tenancies: If a landlord wishes to terminate a tenancy in the City of Tacoma without cause, the landlord must provide a written sixty (60) day notice to the tenant. If a landlord is terminating a tenancy in Tacoma because the landlord intends to demolish or rehabilitate the dwelling unit, then the landlord must provide the tenant with one hundred twenty (120) days written notice before terminating the tenancy. If the landlord is demolishing or rehabilitating the dwelling unit, the landlord must also provide an information packet created by the City of Tacoma, and the tenant may be eligible for relocation assistance if the tenant is low income. The process of terminating a tenancy because the unit is being demolished or rehabilitated may be complicated, so a landlord doing so should consult legal advice specific to his or her situation.
The tenant protections listed above for renters in the City of Tacoma are very important to know and follow because the City of Tacoma is able to impose significant financial penalties against landlords who fail to comply or intentionally choose not to follow the City’s tenant protections.
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RESOURCES
TACOMAPROBONO Housing Justice Project http://www.tacomaprobono.org 621 Tacoma Ave S. Suite 303 Walk-in Intake, Mon-Thurs 9 AM-4 PM (Closed from 12-1 for lunch) (253) 572-5134 NORTHWEST JUSTICE PROJECT Washington Law Help (legal information, forms, instructions, translated material) https://www.washingtonlawhelp.org/ CLEAR (information/advice/referral) www.nwjustice.org/clear-hotline 1-888-201-1014
CITY OF TACOMA Landlord-Tenant Services 747 Market Street, Room 108 Walk-In Wednesdays. 9 AM - 1 PM Located in the Customer Support Center COT Landlord-Tenant Coordinator 311, (253) 591-5000
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