WASHINGTON STATE RESIDENTIAL LANDLORD-TENANT ACT RCW 59.18 (RLTA)
Owners and tenants have legal responsibilities to each other. The Washington State Residential
Landlord- Tenant Act (RCW 59.18, RLTA) outlines the rights and responsibilities for landlords and
tenants.
This summary of Death of a Sole Occupant rules to keep in mind during a lease is designed to help owners gain an understanding of the state rules and regulations affecting housing. This information should not be used as a substitute for legal advice.
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 (Some exclusion apply)
MODIFYING MTM Agreements:
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. (RCW 59.18.140)
- 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.
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
MODIFYING FIXED TERM Agreements:
Under a lease, in most cases, changes during the lease term cannot be made unless both landlord and tenant agree to the proposed change.
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).
Paying Rent:
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 (RCW 59.18.063).
Late Fee:
Regardless of the provisions of your lease, A landlord may not charge a late fee for rent paid within five days past its due date. If rent is not paid by the 6th of the month, the landlord can charge late fee on the 7th (RCW 59.18.170).
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, 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.
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)
- 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).
- 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).
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.