NEIGHBORS & ROOMMATES ~ Tenant Services at Solid Ground

To read the specific laws in the WA State
Residential Landlord-Tenant Act, click on
the RCW (Revised Code of Washington)
links throughout the Tenant Services website.

Solid Ground Tenant Counselors are not
attorneys, and this information should
not be considered legal advice. Please
read our full Tenant Services Disclaimer.

Resolving Conflicts with Neighbors

The Landlord-Tenant Act in Washington State does not specifically spell out steps for tenants to take to address concerns that arise between neighbors. Some of the most common issues between neighbors are noise complaints, smoking, safety concerns and false reports to management. It is up to individual tenants to choose the steps they will take to resolve problems that arise with neighbors. You may decide to talk with the tenants themselves to resolve the problem, or you may decide to negotiate with the landlord and ask them to intervene with the neighbors.

Often there are clauses in rental agreements designating quiet hours, parking spaces and smoking policies. It is up to the landlord to enforce the terms of the rental agreement with other tenants in the building or complex. You can document incidences of noise violation or safety concerns in writing to the landlord and ask them to take action to enforce the terms of the rental agreement with those tenants. You can talk directly to your neighbor or ask them to participate in mediation. You may choose to file a complaint against a neighbor for noise issues or other tenancy violations. You can refer to state statutes, local codes and common law. (Common law is defined as rules of law that come from the decisions judges make in certain court cases.)

It is important to proceed with caution in cases like this so as to not to create further problems. If you are too aggressive, another tenant may feel that you are harassing them and take legal action to protect themselves. Contacting the police is another option tenants have if you are immediately concerned for your safety or the safety of someone else. It is up to each individual tenant to decide how best to address the problem. See our Negotiation Tools Example: Noise Problems section below for examples of options you can use to try to resolve problems with your neighbors.

If you are concerned about safety in the apartment complex, other tenants may have the same concerns. You might consider joining with other tenants to write a letter or send a petition to the landlord asking for safety patrols or better lighting in common areas. There are laws designed to protect tenants against retaliation; however, tenants all over the state may be targeted by landlords for organizing in their buildings, so proceed with caution. See our Seattle Laws webpage for more information on Seattle tenants’ right to organize. Tenants outside the city of Seattle who are not on leases may face retaliation for organizing in their buildings. Retaliation can take many forms, including termination of tenancy. See our Eviction webpage for more information on how to protect yourself against retaliatory eviction.

Your landlord is responsible to provide you with adequate locks in your unit, as stated in RCW 59.18.060. If you believe that your locks are inadequate to address your safety concerns, you can ask your landlord to improve them. Follow the repairs process described on our Repairs webpage. If you add or change your locks to improve security, provide copies of the keys to the landlord so they can enter the unit in case of an emergency.

In some cases, your neighbor may be filing complaints or making noise reports against you to the landlord. For example, your neighbor may complain to the landlord that there was loud noise coming from your unit on a night that you were out of town. If you believe that the allegations your neighbors are making are false, address it with your landlord in writing, documenting what you can. You may not be able to stop your neighbor from filing complaints, or your landlord from acting on them, but you can make sure that your side of the story is well documented in writing to the landlord. It is best practice to respond to all complaints or notices from the landlord in writing. Try to respond early, before the situation escalates. See the Tools for Tenants section of this website for more information on documenting your communication with the landlord.

In the case of serious threatening violence from one tenant towards another, there are additional protections in the Landlord-Tenant Act. RCW 59.18.352 states that if a tenant is threatened by a neighbor with a firearm or other deadly weapon and an arrest is made – and the landlord fails to evict that tenant within seven days of the incident of violence – the threatened tenant can break their lease and move.

Negotiation Tools Example: Noise Problems

It’s useful to think of your attempt to resolve issues with your neighbor as a trial-and-error process that will involve some negotiation and, likely, some compromise. It is a good idea to take the easiest, least complicated steps first and then escalate your strategy as the situation calls for it. It is up to each individual to assess the risk of the situation for themselves. Some tenants are able to address the concerns they have with their neighbor directly and resolve the situation while others may be reluctant to approach their neighbor because of safety concerns.

Here are some ideas that you can try in an attempt to get the problem resolved. Not every option may be available to you for various reasons, but some ideas may be helpful in reaching resolution with your neighbor. We’ll use a noise problem as an example, but these same strategies may be useful in resolving a variety of different problems with your neighbors.

Here are some ideas you can try when working to solve a noise problem with your neighbor:

Talk with your neighbors. You may be able to approach some neighbors directly and let them know about the problem you’re experiencing. They may not be aware how loud they are being, or how much can be overheard from your unit. You are the expert on your situation and the one to determine the best way to approach the situation. You may or may not feel comfortable approaching your neighbors directly. Never confront your neighbor in anger, or if you feel unsafe approaching them. Be direct and polite, and ask for help from someone if you need it.
Document your complaints in writing. It may also be useful to keep a record of all the noise-related incidents that occur. You can send that documentation to the landlord and ask them to take measures to enforce the quiet hours in the rental agreement. You can also send your neighbor a written request to lower their noise levels. In order to prove that you sent something in writing, it’s a good idea to send your documentation by certified mail, return receipt requested, and regular first class mail – and always keep a copy for yourself.
Document the impacts of the noise. It may also be useful to provide documentation of the impacts that the excessive noise is having on your health and wellbeing. A letter from a doctor, therapist or other healthcare provider may increase the strength of your argument.
Seek mediation. Resolution Washington is an extremely helpful resource for trying to resolve any conflict. Both parties must agree to come to mediation voluntarily. If your neighbor agrees, you may be able to sit down with a third-party mediator and come to an agreement that works for both of you. It’s a good idea to let the landlord know about the agreement you come to with your neighbor.
Cite laws. Many cities have laws that regulate noise within the city limits. Different cities may enforce their noise ordinances in different ways. It may be helpful to send a copy of the local noise ordinance to your neighbor and your landlord. You can also communicate your right to contact the police if the excessive noise doesn’t stop. Seattle laws regulate “residential disturbances” and “unreasonable noise” in the city limits. For more information, see Seattle Police Department: Avoiding Noise. You can also cite the common law principle of “the covenant of quiet enjoyment” to your landlord. Common law is rules of law that come from the decisions judges make in certain court cases. The quiet enjoyment covenant makes your landlord responsible for dealing with any disturbances that reasonably interfere with your enjoyment of the rental. Talk to an attorney for more information about quiet enjoyment and to get details on laws that could strengthen your argument to your landlord. Your neighbor may also be violating some of their duties under the Landlord-Tenant Act. RCW 59.18.130 spells out specific duties for all tenants in Washington State. You may cite these to your landlord and provide documentation to strengthen your argument.
Contact the police. Cities and counties have different laws regarding noise, and different kinds of enforcement. You can call the nonemergency police number in your area to report noise violations, but it can be very difficult to get police response, especially on weekend nights. You can call 9-1-1 if the noise problem is accompanied by a concern for your safety or the safety of others in the building; however, keep in mind that this number is only meant to be used for emergencies. The police may just issue a verbal warning to the household making excessive noise, but they can make a residential disturbance a criminal offense after repeated violations. They may also charge a fine, or contact the property owner after more than one offense. Seattle Noise Laws are enforced by the Seattle Police Department.
Take legal action. Speak to an attorney regarding your options for bringing a lawsuit against your neighbor. You may choose to explore this possibility if you have exhausted all your other options but the problem is still not resolved. It may be useful in itself for you to cite your legal options in a letter to your landlord, even if you do not plan to bring a lawsuit against them. The more documentation you have, the stronger your argument will be. For more information, see our Legal Assistance Guide for tenants.

Resolving Conflicts with Roommates

Navigating issues that arise between roommates sharing housing can be extremely complicated, and unfortunately there is nothing in the Landlord-Tenant Act that addresses the issue. Sometimes roommates enter into a rental agreement without knowing each other well, and new tenants may come and go without being properly placed on or removed from the contract, which can be problematic in some rental situations.

Roommates or housemates on the same rental agreement are jointly responsible for following all conditions of the rental agreement, including payment of rent. Any action the landlord takes to terminate or enforce the rules of tenancy will apply to all tenants on the rental agreement, not just individual tenants. If one tenant is violating the rules of the rental agreement, the other tenants may decide to communicate with the landlord regarding a roommate's rule violations or any disputes. It is up to the landlord to enforce the rules of tenancy with all renters in the unit, including payment of rent.

For example, three tenants may share a house and all be listed on the rental agreement. Each pays one-third of the rent. If one tenant does not pay their rent, the landlord would serve a 3-Day Pay or Vacate notice on all three tenants on the rental agreement, rather than just the delinquent tenant. Likewise, if the entire amount of rent was not paid within the three-day timeframe, all three tenants would face eviction. However, tenants who have individual leases to rent individual rooms in a house or apartment would be individually responsible for not paying their portion of the rent. For this reason, it may be helpful to have separate rental agreements instead of joint ones. Individual rental agreements mean that each tenant is responsible for their own behavior and decisions separately.

In a household where all roommates are listed on the same lease, one tenant being late or delinquent on their rent can result in the eviction of everyone on the rental agreement. In a situation where one roommate does not pay their rent, the other tenants in the unit may choose to cover the cost of the delinquent tenant's rent in order to avoid facing eviction. They may send a letter to the landlord documenting that one tenant did not pay their portion, and then they may try to recover rent from the roommate who did not pay, or in Small Claims Court if necessary.

Here are some guidelines for protecting yourself when renting with roommates:

Document everything in writing. A lot of decisions regarding roommates may be up to your landlord, so written documentation is your best way to solve problems that may arise related to disputes with roommates, or disputes with the landlord regarding roommates.
Ask for a separate rental agreement. You can also ask the landlord for an individual rental agreement or lease when you move into the unit, so you will not be responsible for your roommate’s responsibilities under their lease with the landlord.
Read the details of your rental agreement carefully. The rental agreement should reflect important details regarding the rules of your tenancy. For instance, be on the lookout for whether the rental agreement accurately reflects a) the current tenants and b) the amount of deposit money, if any, each tenant has given towards any deposits or fees. However, the rental agreement may not contain enough detail to adequately address all the situations that may arise between roommates. Get as much as you can in writing. If the landlord will not agree to make written changes to the rental agreement to reflect a change of tenants in the unit, you can send written documentation signed by the old and new tenant reflecting the date of the change and asking for the rental agreement to reflect the new composition of the household.
Protect your deposit. There are several possible options for how deposit money is dealt with in shared living arrangements. Look to the rental agreement first to see how deposits are dealt with, and get as many specific details as you can in writing from the landlord on how roommate changes should happen. Deposit costs may be divided among each tenant moving into a unit, or may be paid individually. If it is not set out in your rental agreement, be sure to get thorough documentation of the amount each tenant pays, and what the landlord requires when one tenant vacates and another moves in. The landlord may have the new person moving in pass their deposit money to the tenant moving out. Tenants who vacate while the rental agreement is still in effect may have the benefit of not having damages or cleaning charges immediately deducted from their deposit, but they may legally still be held responsible for deposit deductions even after move-out.
Screen roommates well before you move in. It can be helpful to get a good sense of who you will be sharing your living space with before you commit to move in. If you are listed on a rental agreement with people you don’t know well, who turn out to not be responsible renters, you may end up having to pay for their irresponsibility. Ask questions of prospective roommates that tell you about their habits, lifestyle and preferences. If needed, you can communicate with the landlord to try and find out what screening criteria is used for new tenants.
Stay connected. While renting with roommates, you may also find it helpful to have monthly or quarterly meetings to check in about house rules, utility bills, chores and responsibilities, and address any concerns openly rather than waiting until the situation has escalated or someone is behind on their utility portion of the bill, for example.

Living with Your Landlord

Tenants may find themselves either sharing a living space with their landlord or living in the same building or unit as the property owner, manager or other agent of the landlord. Use caution when entering into a living situation where you will share living space with your landlord. These situations can quickly become very complicated. In order to make such a living arrangement work, you may want to review privacy laws and have clear rules spelled out in the rental agreement regarding the landlord’s expectations in terms of sharing common areas and other rules. Landlords living in buildings or units with their tenants have all the same duties under RCW 59.18.060 in the Landlord-Tenant Act.

In shared living space, landlords do not have the right to restrict tenants' access to the living space or common areas. Neither can they create arbitrary rule changes based on tenants' behavior. When a tenant shares living space with their landlord, the rules of tenancy must be stated at the beginning of tenancy, either in the written rental agreement or a verbal rental agreement, just like any other landlord-tenant relationship. Landlords can change the rules if you are a month-to-month tenant, but the rule changes must be in writing with 30 days’ notice, and the rule must be reasonable. For more information on rule changes, see our Rental Agreements webpage.

Even if you share common space with your landlord, you still have the right to privacy in your bedroom and other areas designated as your private space. For more information on privacy laws, see our Privacy Rights webpage.

Resources: Neighbors & Roommates

Resolution Washington: An Association of Dispute Resolution Centers
Legal Assistance Guide
Avoiding Noise: Seattle Police Department
DPD's Noise Abatement Program: Department of Planning and Development

FAQs: Neighbors & Roommates

Q: My neighbors play loud music and violate quiet hours.
How can I get them to stop?

To FAQs

It is up to you to decide what problem-solving strategies make the most sense in your situation. You could try communicating directly with your neighbors about your concerns, or make complaints in writing to the landlord regarding the problem. It is up to the landlord to enforce the rules of tenancy in the building or complex. If your landlord isn’t responsive, you can document the situation in writing and send the landlord a letter addressing your concerns. You can also try pursuing Dispute Resolution with your neighbors directly in an attempt to resolve the problem. See our Negotiation Tools Example: Noise Problems section above for examples of options you can use to try to resolve problems with your neighbors.

Q: My neighbor smokes inside their unit, and the smoke is coming into my
apartment. What can I do?

To FAQs

You can try many of the negotiating tools described in the Negotiation Tools Example: Noise Problems section above to help you solve the problem of secondhand smoke. You can refer to your written rental agreement to see what the smoking policy is, though keep in mind your rental agreement may not be exactly the same as your neighbors’. You may also try the process described on our Repairs webpage. If you are a person living with a disability, and the smoke is significantly impacting your health and wellbeing, you may try to contact a civil rights agency for more information about fair housing and reasonable accommodations. You can contact the American Lung Association of Washington and Puget Sound Clean Air for more information. Also see our Renters’ Resources webpage for a list of fair housing agencies in your area.

Q: How can I get the landlord to remove my name from the lease or
rental agreement after I vacate a shared housing situation?

To FAQs

It is best practice to send all your communications with your landlord in writing, sending your letters and documentation by certified mail with a return receipt requested. You can notify the landlord that you are vacating the property and request that your name be removed from the rental agreement. If the landlord does not do so, you can document your removal from the household in writing, and ask that all former roommates sign it to show that you have vacated the house. Send a copy to your landlord, certified mail return receipt. Even if you do this, you will likely still be considered a party to the lease. This means that you could still be liable for non-paid rent or be the party to an eviction suit if one is filed.

Q: Can I be held responsible if my roommate violates a term of the
lease, or doesn’t pay their portion of the rent? Can I be evicted if
my roommate doesn't pay the rent?

To FAQs

Unless each resident has a separate lease, any notice that the landlord sends regarding rule violations or nonpayment of rent applies to everyone on the rental agreement, and not just the individual tenant at fault. If one tenant is late or delinquent on their rent, everyone on the rental agreement can be evicted. In a situation where one roommate does not pay their rent, the other tenants in the unit may choose to cover the cost of the delinquent tenant's rent in order to avoid facing eviction. They may send a letter to the landlord documenting that one tenant did not pay their portion, and then they may try to recover rent from the roommate who did not pay, or take them to Small Claims Court if necessary.

Q: How should deposits be handled when there are different
roommates moving in and out of a house where all the tenants
are on the same rental agreement?

To FAQs

There are several possible options for how deposit money is dealt with in shared living arrangements. Look to the rental agreement first to see how deposits are dealt with, and get as many specific details as you can in writing from the landlord on how roommate changes should happen. Deposit costs may be divided among each tenant moving into a unit, or may be paid individually. If it is not set out in your rental agreement, be sure to get thorough documentation of the amount each tenant pays, and what the landlord requires when one tenant vacates and another moves in. The landlord may have the new person moving in pass their deposit money to the tenant moving out. Tenants who vacate while the rental agreement is still in effect may have the benefit of not having damages or cleaning charges immediately deducted from their deposit, but they may legally still be held responsible for deposit deductions even after move-out.

Q: Can I kick a roommate out of the house?

To FAQs

Roommates can ask one particular member of the household to leave, but a landlord is the only one who can initiate eviction procedures or terminate tenancy. However, in the case of roommates who are under the same rental agreement, any action the landlord takes to terminate or enforce the rules of tenancy will apply to all tenants on the rental agreement, not just individual tenants.

Q: I live in a house with roommates, and we're all on the rental
agreement. When one person decides to vacate, do they still
have to give 20 days’ notice?

To FAQs

It is always a good idea for tenants to give written notice before they vacate a unit. In the case of multiple tenants on the same contract, document as much as possible in writing to the landlord. If the tenant is vacating, especially if they are breaking the lease, it is best to do so with the landlord’s knowledge and cooperation. Look to the lease to see what rules, if any, apply to this situation. Month-to-month tenants are required to give 20 days’ notice before the date that rent is due. Be sure to get documentation that your name has been removed from the lease once you vacate.

Q: Do we need the landlord's permission to add someone new onto the
lease?

To FAQs

Yes. It is a good idea to always get the landlord's permission in writing before any changes happen in the household. Some landlords may be flexible with tenants selecting and moving a new roommate into the household, but the landlord does have the right to screen and approve any new residents. Generally speaking, everyone who signs an agreement initially also has to sign any changes that the landlord wants to later make to that agreement.