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.
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
Illegal Actions by the Landlord:
The law prohibits a landlord from taking certain actions against tenants while living in the rental unit:
Lockouts (RCW 59.18.290):
No matter what, even if the Tenant is behind in rent, the landlord cannot:
- Lock Tenant out of the unit
- Change locks
- Add new locks
- Keep Tenant 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.
Retaining Tenant Property:
The landlord can only take Tenant’s property if they abandon the unit (RCW 59.18.310).
If the Landlord unlawfully takes a Tenant’s property. the judge can award 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.
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.
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
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