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RCW 59.18.285 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.285 says that fees must be designated as fees and cannot be considered deposits. Under the law, deposits are by nature refundable. If your landlord declares a portion of the deposit as nonrefundable upon move-in, you may be able to sue for this portion of your money back.
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Your landlord may agree to apply your deposit towards your rent, but it is very uncommon and they are not legally obligated to do so. Usually the landlord will want to use your deposit for possible damages to the unit first, and then begin an eviction action against you to compel you to pay the rent. If that doesn’t work and you move out, the landlord may use it for back rent if your lease states this is a valid use of a security deposit.
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Take a look at the lease to see what specific requirements, if any, the landlord requires upon move-out. If you signed a lease agreeing to professionally clean the carpets, you may be charged for it if you don’t comply. If the lease doesn’t have specific requirements, it defaults to the state law, RCW 59.18.130 (10) http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.130 which requires renters to return the unit to the condition it was in upon move-in, minus normal wear and tear. If the carpets were cleaned upon move-in, the landlord has an argument that the tenant must also have them professionally cleaned upon move-out or they may charge for the cost. The landlord may charge for carpet cleaning or painting if there are significant enough damages to justify those charges. Depending on the extent of the damage, a tenant may argue that the damages are normal wear and tear. Documentation of the condition of the unit upon move-in and move-out will strengthen the argument considerably.
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While there is no law specifically requiring that the landlord show receipts for contractors’ fees or parts for repairs that were deducted from your deposit, tenants still have the right to ask for them. However, the landlord must provide a tenant with a specific statement that itemizes what the deposit money was used for under RCW 59.18.280. http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.280 The statement cannot be a general lump sum, or simply state “no refund.”
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RCW 59.18.280 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.280 states that the landlord has 14 days (from the time that the rental agreement ends and the tenant vacates the unit) to postmark the return of the deposit or a written statement detailing why portions of the deposit were withheld. The correspondence must be postmarked by the 14th day. The landlord must send the letter or deposit check to the forwarding address you provided them or to your last known address (usually the property you just vacated). If they do not return the deposit money or a statement detailing why it is being withheld within that timeframe, they have waived their right to keep the deposit. The law says that a small claims judge may order a landlord to pay up to double the deposit amount if they intentionally refused to provide the written statement or deposit. This is why it’s important to keep documentation that you notified them of your forwarding address. Because if a landlord has the letter postmarked by the 14th day but sends it to an old address where you no longer receive mail, they may be able to argue they complied with the law even though you never received it.
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RCW 59.18.310, http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.310 RCW 59.18.230, http://apps.leg.wa.gov/Rcw/default.aspx?cite=59.18.230 RCW 59.18.200, http://apps.leg.wa.gov/Rcw/default.aspx?cite=59.18.200 Generally, the landlord cannot do this. (Keep in mind that a lease that ends at its term, such as a one-year lease, does not require either party to give notice.) Many times a lease will state the tenant waives a refund of their deposit if they fail to give the proper 20-day termination notice when they vacate the unit. This language may be an illegal waiver of your rights under the landlord tenant act. Under RCW 59.18.230 (2)(a), http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.230 the law prohibits a lease to include language that could waive those rights. If a tenant vacates without proper notice, it would be considered abandonment under RCW 59.18.310. http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.310 That law states that the landlord can only charge for the following month’s rent. The landlord would only be able to deduct their actual losses from the deposit, which in this case would be the next month’s rent. It would be inappropriate for them to both keep your entire deposit and charge you next month’s rent as well, even if your lease states otherwise.
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Yes. There is no law specifically prohibiting a landlord from charging a tenant for damages, even in the case where they didn’t provide the deposit refund or written statement within 14 days. In some cases, judges have awarded a tenant’s deposit money back minus the cost of damages. More often than not a landlord will send you to collections for debts not covered by the deposit. If the collection action proceeds undisputed, this will greatly harm your credit and limit your future housing opportunities. Other landlords can use your credit record as a determining factor in whether or not to rent to you. If you disagree with the amount owed, always write a letter of dispute to the collections agency. Please see the Sample Letter to Dispute Collection Actions or Washington Law Help’s Debtors’ Rights: Dealing with Collection Agencies. http://www.lawhelp.org/documents/1386210200EN.pdf?stateabbrev=/WA/
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No. You may still negotiate with your landlord and pursue small claims court for the return of your deposit. Some common reasons why tenants ask for their deposits back are: the damages were preexisting, the damages were not caused by tenants or tenants’ guests, the charges are unreasonably high (see above question example), or the damage is actually normal wear and tear.
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No. The landlord gets to keep all interest garnered from deposit money unless otherwise agreed upon, as detailed in RCW 59.18.270. http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.270
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While cashing a deposit refund check does not explicitly waive your rights to continue to dispute the landlord’s use of the remainder of your deposit, it may be a good idea to say so in a letter to the landlord before you cash the check. You may also write on the check, “Cashing of check does not waive claim for additional amounts due.” In the case that the landlord writes "Cashing of this check constitutes full satisfaction and/or waiver of all actual or potential claims" or a similar phrase on the check, you may simply cross out this language and write in language similar to above.
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In RCW 59.18.270, http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.270 landlords are required to transfer deposit money to the new landlord. That landlord must then provide the tenants with the name, address and location of the financial institution where the money is being held.
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There is no specific penalty written into this law if your landlord violates it. However, if the landlord does not provide you with a written rental agreement or move-in checklist, you can argue that they have been holding your deposit money illegally. You can negotiate with your landlord or pursue a small claim lawsuit against them to recover your money if it is not refunded to you after you move out.
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The landlord may charge you for damages costing more than the amount of your deposit. RCW 59.18.060 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.060 says that a landlord cannot be held responsible to cover the costs of damages caused by tenants or their guests. You may contest these charges if the damages were preexisting or were not caused by you or your guests. Tenants may still pursue the return of their deposit if the landlord did not get a written response to them within 14 days, or if the landlord did not perform a written checklist upon move-in. The law does not prohibit a landlord from pursuing damage charges. See Credit & Collections http://www.lawhelp.org/documents/1386210200EN.pdf?stateabbrev=/WA/ for more information on how to dispute a debt from a landlord. If the statement is specifically itemized but the deductions seem very high, a tenant can call local contractors and try to get estimates for those types of repairs. For example, if the written statement from your landlord says “$500 for broken light switch,” the tenant can look up local electricians in the phone book and get an idea of whether or not that is a reasonable charge for rates in the area.
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There is no legal standard for normal wear and tear. Tenants can argue that wear and tear will be greater over time, and that it includes all normal uses of the premises. Again, documenting preexisting damages and taking pictures after moving out is the best practice to distinguish wear and tear from damage.
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Landlords regularly collect security and damage deposits. Some landlords also collect deposits to hold a unit for a prospective tenant.
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There are currently no state laws restricting the kind of fees a landlord can charge a tenant upon move-in, nor is there any limit on how much those fees can be. However, RCW 59.18.140 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.140 requires that tenants follow all rules of tenancy that are reasonable. You may be able to argue that excessive fees are beyond what is reasonable for a landlord to charge. For instance, an excessive fee might be $100-a-day late fees, or a $300 monthly fee to rent a washer and dryer. In general, if you have the option, do not sign a rental agreement that has any terms or conditions that you are unwilling or unable to conform to. It is much more difficult to argue against a rule of tenancy once you are committed in a lease.
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A security deposit is a deposit to secure fulfillment of all the terms of a lease. A damage deposit can only be used to cover the cost of damages to the unit caused by the tenants or guests of the tenants. RCW 59.18.260 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.260 states that the rental agreement must specifically state the terms and conditions under which the deposit money is refundable, and the landlord can only deduct money in accordance with those terms and state laws.
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Solid Ground Tenant Services does not offer rental assistance. Call the Community Information Line http://www.crisisclinic.org/ (CIL) at 206.461.3200, 1.800.621.4636 (2.1.1 from a landline, or 206.461.3610 for TTY/hearing impaired calls). For more information on rental assistance see Renters’ Resources. http://www.solid-ground.org/Tenant/Pages/RentersResources.aspx
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You can prove that the letter was sent and received by sending it “Certified Mail Return Receipt” or asking your landlord to sign and date your copy of the letter. You can also ask a reliable person to witness your delivery of the notice to the landlord. Always keep a copy of your correspondence with the landlord and proof of mailing, and be sure to get copies of all documents that you sign.
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There is no one agency or governmental body whose job it is to take complaints on landlords or hold them accountable under landlord-tenant laws. Landlord-tenant laws in Washington are “self help,” meaning that it is up to you as a tenant to get your rights enforced. See our Tools for Tenants section above for ideas on how to assert your rights under landlord-tenant law. You can report on any bad experiences with your landlord at the Better Business Bureau website or Apartment Ratings. These resources are informational only and will not do anything to enforce your rights as a tenant. |
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Your landlord is legally required to disclose a name and address, as well as contact information for an agent in the same county, if they live out of state. If they did not give you this information, you can research your landlord through the tax assessor’s office in your county. You may be able to find an address for your landlord there. Try the King County Parcel Viewer http://www.kingcounty.gov/operations/GIS/PropResearch/ParcelViewer.aspx or the tax assessor’s office in your county.
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Landlord-tenant laws in Washington State are self-enforced. Knowing your rights, documenting all your communications and agreement with your landlord, negotiating and accessing resources are the strongest tools renters can use. See Tools for Tenants http://www.solid-ground.org/Tenant/Pages/default.aspx#TT for more information on options and resources to make sure that your rights as a tenant are respected by your landlord.
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Yes. As long as landlords are not collecting information in a discriminatory manner, there are no laws restricting what information is asked of you on a rental application. You may ask why the landlord wants the information and what they are going to do with it. It is at a landlord’s discretion to choose not to offer a unit to you if you do not provide the information requested, but sometimes landlords will be flexible if you have concerns. The one exception is that buildings subsidized with Low Income Housing Tax Credits http://www.wshfc.org/tax-credits/index.htm cannot discriminate against tenants who do not provide social security numbers. They may still ask for the information, but they cannot choose not to rent to you exclusively because you do not provide it.
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Yes. If you want to move an additional tenant in mid-tenancy, the landlord has the right to put them through the screening process and charge them the application fee.
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Currently, a prospective landlord may choose to take a copy of a credit report if the tenant provides one from one of the three major credit reporting agencies, but the law does not require them to do so. Solid Ground is working to pass legislation that would lower application costs by requiring landlords to accept credit reports from tenants if they can be verified with the credit reporting agency. For more information or to get involved in the struggle to win this important legal protection, see Solid Ground Tenant Services Blog. http://www.sgtenantservices.blogspot.com/
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If you are concerned that a former landlord may misrepresent or lie about your qualifications as a tenant, you can give the new landlord an explanation of the situation, or bring additional references. There are no laws in the Residential Landlord-Tenant Act http://apps.leg.wa.gov/rcw/default.aspx?Cite=59.18 that restrict what information a landlord gives about you as a part of the screening process. You may decide to bring references from other former landlords or employers and other character references.
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Yes, even if you were evicted illegally, or won in eviction court, it will still show up in your record as an eviction and can be used against you in the screening process. You can go to the courthouse and print out the court’s judgment that stated that you prevailed, or other documentation that the action was brought against you illegally. The new landlord may be willing to consider the extenuating circumstances surrounding the eviction. Solid Ground is working to change that law so that tenants who have evictions on their records through no fault of their own are able to have them removed from their records.
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You can petition credit reporting agencies to have any errors removed from your record. This can be a difficult process. For detailed information, see the Federal Trade Commission’s How to Dispute Credit Report Errors. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.pdf
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Verbal tenancies are legal in Washington State and are considered valid month-to-month agreements.
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No. Rent control is illegal in Washington State, as stated in RCW 35.21.830 http://apps.leg.wa.gov/rcw/default.aspx?cite=35.21.830. However, Seattle tenants are entitled to 60-days notice before rent increases of 10% or more in a 12-month period per SMC 7.24.030 http://www.ci.seattle.wa.us/dclu/publications/cam/cam607.pdf. In addition, rent increases cannot be discriminatory or retaliatory.
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It depends on what’s written in the lease. It is not uncommon to see termination fees included in rental agreements. Tenants can argue that they don’t also have to continue paying rent until the unit is re-rented (as required in RCW 59.18.310 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.310 ) if their lease charges them a penalty for breaking the lease.
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RCW 59.18.230 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.230 states that tenants cannot sign away their rights under the law. The landlord cannot legally enforce any terms of the lease that violate any state or local laws. For instance, the landlord is still responsible for making all repairs for defective conditions that are not caused by the tenant or guests of the tenant even if the tenant signs a lease stating that they agree to make all repairs necessary during their tenancy. The inclusion of a clause that violates other tenant protection laws does not make the entire lease invalid. However, those clauses that do conflict with state law are not enforceable.
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Look to the specific terms of the rental agreement to find out whether it automatically extends to a month-to-month tenancy. Most leases automatically roll over into month-to-month tenancies but must say so in the lease language. If the lease does not have specific month-to-month language then the tenancy ends at the end of the contract. If your lease states that your tenancy ends, you are required to vacate at the end of the lease period. You may ask to stay longer by communicating with your landlord in writing or asking to sign a new lease. If the landlord accepts the rent for the following month after the term of your original lease ends, then you have established a month-to-month rental agreement.
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Tenants do not have to agree to changes to any aspect of a fixed-term lease unless they want to. The landlord can take no valid legal action against you if you do not agree to sign a lease addendum.
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While traditionally due on the first of the month, rent can be due any day of the month. The day that rent is due will be determined in your rental agreement or in a verbal contract with your landlord. Sometimes landlords will agree to accept partial payments in increments throughout the month, or to accept payments weekly. It is a good idea to solidify these kinds of agreements in writing with your landlord.
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RCW 59.18.310 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.310 states that the landlord can continue to charge you rent until the unit is re-rented, and that they can charge you for advertising costs. If they end up having to rent the unit at less than what your lease required you to pay, they can collect the difference for the full term of the lease. They have to make a reasonable effort to re-rent the unit after you vacate. Some tenants will try to find a replacement renter to take over their lease. That would entail having your landlord screen the other person and having them sign a new lease. This would have to be with the landlord’s permission.
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Two-year leases are only valid if they are notarized. According to RCW 59.18.210 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.210, if it is not notarized, the lease is only a fixed term for the first 12 months. After 12 months, it automatically becomes a month-to-month tenancy.
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There is no “second thoughts” law in Washington State. Once you sign a lease you are committed to fulfilling its terms unless the landlord agrees to release you from it. If they do, be sure to get it in writing and signed by your landlord. Some tenants will try to find a replacement renter to move into the unit and sign a new lease with the landlord. That would entail having your landlord screen the other person and having them sign a new lease. This would have to be with the landlord’s permission.
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Always try to look at the actual unit you’re going to be renting before agreeing to sign a lease. You may be able to negotiate with your landlord to be removed from the lease if the unit isn’t right for you. If you break your lease and move, you can still be held liable for the monetary penalties written into the law and/or your lease. If the unit you’re renting has repair problems, your landlord has the obligation to fix them. See Repairs http://www.solid-ground.org/Tenant/Pages/Repairs.aspx for more information.
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It is still a good idea to give your landlord 20-days notice even if your lease is ending. You must give 20-days notice if your lease automatically becomes a month-to-month tenancy following the fixed-term period.
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The landlord cannot enforce any rules of a rental agreement that contradict your rights as a tenant under any federal, state or local law. RCW 59.18.230 http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.230 lays out tenants’ rights in terms of rental agreements. You cannot sign away your rights under the law. For example, if a rental contract requires that the tenants be responsible for all repairs needed in the unit, regardless of whether or not they caused the damages, that specific provision of the contract is not enforceable. The rest of the contract, however, is still valid and enforceable. In addition, RCW 59.18.140 http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.140 states that tenants must conform to all reasonable rules and restrictions placed by the landlord. You may be able to argue that certain rules are unreasonable, and thus unenforceable.
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There is no law that requires landlords to prorate rent when a tenant moves in or vacates a unit. Often, landlords will prorate tenants’ first days or weeks in the unit in order to collect full rent on the first of the following month. Landlords are not legally obligated to prorate the rent when you vacate, even if you don’t stay through the end of the month. If you are vacating in the middle of the month, you may be able to negotiate with your landlord to get them to agree to prorate your rent based on your move out date. Under consumer protection law, landlords cannot collect double rent on a unit, so if you move out in the middle of the month and the landlord moves another tenant in before the month ends, you may be able to argue for a portion of your rent money back. Under RCW 59.18.200, http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.200 state law requires you to give 20-days notice to vacate if your lease does not end at its term. Be sure to do so or the landlord could charge you the following month.
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Always try to look at the actual unit you’re going to be renting before agreeing to sign a lease. If the unit you’re renting has repair problems, your landlord has the obligation to fix them. See Repairs http://www.solid-ground.org/Tenant/Pages/Repairs.aspx for details. It may be possible for you to file a lawsuit against your landlord for false advertising, but legal assistance for this kind of lawsuit can be difficult to come by. See Legal Assistance Guide http://www.solid-ground.org/Tenant/Pages/LegalAssistanceGuide.aspx for more information.
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If your landlord gave you notice of a rent increase in the middle of the month, the rent increase will go into effect the first of the month following the 30- or 60-day notice period. A tenant paying a rent increase without 30-days notice generally indicates their agreement to accept the increase without the proper written notice. A tenant can send the landlord a letter informing them of the improper notice and a copy of the law. See Sample Letter: Notice of Improper Rent Increase http://www.solid-ground.org/Tenant/Documents/SampleLetterRent+RuleChange.pdf. If your landlord does not acknowledge their legal obligations to provide proper notice and instead serves you a 3-Day Pay or Vacate Notice, a tenant can pay the rent increase by writing on their check “payment under protest.” The tenant can then pursue the difference owed from the improper rent increase in small claims court. Some tenants will choose not to pay the increase at all and just pay their regular amount. The risk in doing this is that the tenant could end up in eviction court for nonpayment of rent after service of the 3-Day Pay or Vacate Notice, and will have to rely on a court commissioner’s understanding of landlord-tenant law. This can be a risky choice in any situation, but also because whenever a landlord files an eviction lawsuit against a tenant, it creates a permanent record of eviction regardless of whether or not the tenant wins.
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The lease, as well as your security deposit and all other money held by the landlord, should be passed to the new landlord. No terms of the lease can be changed except by mutual agreement, and the lease must be honored through the entire term. RCW 59.18.270 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.270 dictates the terms of the deposit changeover.
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With documentation, you may be able to negotiate with the landlord to avoid paying a portion of repayment if you can establish that the landlord isn’t making a reasonable effort to re-rent the unit after you’ve vacated. You may be able to recover some of the rent money you pay in small claims court after the fact, or to directly negotiate with the landlord to get the rent charges reduced or eliminated. Some landlords will work with tenants to get assistance finding new renters.
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A sublease is a rental agreement (fixed-term or month-to-month) between tenants. For example, a tenant may move into a house and then decide they want to rent out rooms to another tenant. A contract is drawn up between the original tenant and the new one, and the new tenant pays their rent to the original tenant instead of the landlord. In this case, the original tenant is said to be acting as an agent of the landlord. Most rental agreements prohibit subleases.
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RCW 59.18.040 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.040 outlines the living arrangements exempt from coverage under the Residential Landlord-Tenant Act: mobile home owners who rent spaces; commercial property renters; people in medical, religious, educational, recreational or correctional institutions; people in contracts to purchase their homes; people staying in hotels or motels; migrant workers whose housing is provided by their employers; and people whose residence depends upon their employment.
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Washington State law does not set out any specific timeframes for landlords to replace carpet or repaint the walls. If there is a repair problem with the carpeting or walls, a tenant can ask the landlord to make the repairs through the Repair Process http://www.solid-ground.org/Tenant/Pages/Repairs.aspx#process.
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In general, landlord-tenant laws do not cover cosmetic upgrades to units. You may be able to negotiate with your landlord to request upgrades to the property. You can also make improvements to the property yourself, but the landlord has no legal obligation to compensate you for them.
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No. Tenants must be current in rent in order to access the repair remedies written into the law. Even if the repairs are extremely severe, withholding rent can leave renters vulnerable to eviction.
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There are no specific legal standards pertaining to the cost of repairing damages. Tenants have the opportunity to make the repairs themselves or negotiate with the landlord to have the repairs made. Generally speaking, a landlord can charge for the cost of materials, the cost of hiring a contractor, or the fair cost of labor comparable to regional rates if the landlord made the repair themselves. When you vacate a unit, it is always a best practice to thoroughly document the unit before you move out. Otherwise tenants’ leave themselves open to be charged exorbitant rates or charged for damages that they were not responsible for. Protect yourself!
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While state law does not specifically require landlords to move tenants to another unit or pay for motel stays, tenants absolutely have the right to ask these things of the landlord and negotiate to get them. Tenants can argue that they don’t have the obligation to pay rent for a unit during a time that they’re not able to live there or get full use of the unit. See Repair Process http://www.solid-ground.org/Tenant/Pages/Repairs.aspx#process for tools you can use to negotiate with your landlord.
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State law does give residential tenants the right to vacate their units and move if the landlord is not making necessary repairs. It will depend on whether the landlord attempts to fix the problem causing the mold to grow. The mold itself may not be cause enough to break the lease, but if the landlord fails to fix the leaky pipe causing the moisture that created the mold growth, then the tenant can follow the repair process to eventually break the lease. Thorough documentation is vital if you’d like to use this legal remedy, and there are some risks associated with this course of action. See Repair Process http://www.solid-ground.org/Tenant/Pages/Repairs.aspx#process and Tenants’ Repair Remedies http://www.lawhelp.org/documents/1593316330EN.pdf?stateabbrev=/WA/ for details. Disabled tenants may also make reasonable accommodation requests to make the unit livable or to be allowed to vacate.
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You may be able to take your landlord to court to sue for the costs of your medical bills. It is important to have documentation of the repair problems and your landlord’s negligence in fixing them. Seek legal advice from an attorney for a specific situation.
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RCW 59.18.230 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.230 states that tenants cannot sign away their rights under the law. The landlord is still responsible for making all repairs for defective conditions that are not caused by the tenant or guests of the tenant. If the lease provision waives a duty that is defined under the law as the landlord’s responsibility, that section is legally unenforceable. For example, if a tenant moves into a unit with no working heat, even if the lease says the tenant is responsible for repairs, state law still requires the landlord to maintain appropriate heating for the unit.
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Tenants have an argument that the landlord can be held liable for property damage. If the tenant has documentation that they had previously communicated with the landlord about the problem and the landlord took no action to fix it, the argument would be strong. If the tenant has not communicated with the landlord about the problem, then the tenant can argue that the landlord should have known about the problem. Other tenants in the building may have had similar problems and would be willing to testify or provide written statements. Communicating with other tenants is invaluable. This is another reason why it is wise for tenants to hold on to copies of all of their repair requests. Landlords cannot be held liable for property damage resulting from a repair problem unless they knew or should have known about the problem.
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RCW 59.18.090 http://apps.leg.wa.gov/RCW/default.aspx?Cite=59.18.090 states the tenant can break the lease after the appropriate timeframe expires starting from when the landlord received a written repair request and the repair still goes on uncompleted “within a reasonable time.” The law does not state what is “reasonable.” It may be wise to consult with an attorney. If possible, document the landlord’s attempt to repair if it is inadequate to fix the problem. Tenants may have a stronger case to break the lease based on the severity of the need for repair. For example, having no hot water or heat may have a different standard of reasonableness than replacing a broken cabinet.
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All tenants deserve to live in safe and decent housing, regardless of how much rent they pay. The legal standards to make repairs are the same for all residential tenants.
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In this situation, the landlord is arguing that the tenant is responsible for the damages that require a costly repair. Unless the tenant has damaged the toilet by flushing things that cause clogs, the tenant has an argument that they were using the facility within normal use and that they are not responsible for the cost of the repair. The tenant’s argument would be considerably strengthened by documentation in the form of prior repair requests or a report from the plumber clarifying the nature of the plumbing problem. Be sure not to place anything in the toilet that will cause clogs.
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If you’ve tried all the resources available to you and exhausted your legal remedies, you may consider seeking legal help and assistance. See our Legal Assistance Guide http://www.solid-ground.org/Tenant/Pages/LegalAssistanceGuide.aspx for more information.
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State law outlines landlords’ obligations to keep your unit safe and livable. Landlords must also maintain their units to comply with all local codes that govern housing quality. Landlords must also provide adequate heat and hot water, provide adequate locks, maintain all structural components and appliances furnished by them and more. Read RCW 59.18.060 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.060 for a complete list of landlord duties.
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RCW 59.18.130 http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.130 outlines a tenant’s responsibilities under landlord-tenant law. Tenants must keep their units clean and sanitary, dispose of garbage from inside their units, properly use the facilities and appliances supplied by the landlord, maintain smoke detectors and more. Tenants also must not damage the property or allow guests to damage the property. Tenants can be held responsible for damages caused by them or visitors invited to the property. A tenant cannot be legally charged for damages caused by the landlord’s negligence or for damage resulting from normal wear and tear in the unit. See Deposits http://www.solid-ground.org/Tenant/Pages/Deposits.aspx for more details.
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