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Termination of Mobile Home Tenancies

Thu, 12 Dec 2024 00:02:22 +0100

RCW 59.20.080: Grounds for termination of tenancy or occupancy or failure to renew a tenancy or occupancy—Notice—Mediation.
Substantial violation, or repeated or periodic violations, of an enforceable rule of the mobile home park as established by the landlord at the inception of or during the tenancy or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within 20 days:
OR
Nonpayment of rent or other charges specified in the rental agreement, upon 14 days written notice to pay rent and/or other charges or to vacate;
OR
Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a 15-day period in which to vacate;
OR
Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes, or park model living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;
OR
Change of land use of the mobile home park including, but not limited to, closure of the mobile home park or conversion to a use other than for mobile homes, manufactured homes, or park models or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision.
OR
Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection.
OR
The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent;
If the landlord serves a tenant three 20-day notices, each of which was valid under (a) of this subsection at the time of service, within a 12-month period to comply or vacate for failure to comply with the material terms of the rental agreement or an enforceable park rule, other than failure to pay rent by the due date.
OR
Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including this chapter. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within 15 days;
The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within 15 days;
OR
The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must describe the nuisance and state (i) what the tenant must do to cease the nuisance and (ii) that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days;
OR
Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to comply immediately. The notice must describe the harm caused by the tenant, describe what the tenant must do to comply and to discontinue the harm, and state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within 15 days
OR
Failure to pay rent by the due date provided for in the rental agreement three or more times in a 12-month period,

Stays and Reinstatements

Wed, 11 Dec 2024 21:37:40 +0100

380

v At the time and place fixed for the hearing of plaintiff's motion for a writ of restitution:

Ø Defendant, or any person in possession or claiming possession of the property, may answer and assert any legal or equitable defense or set-off arising out of the tenancy.

§ orally or in writing,

§ If the answer is oral the substance thereof shall be endorsed on the complaint by the court.

Ø The court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer,

§ if it shall appear that the plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a writ of restitution, returnable ten days after its date, restoring to the plaintiff possession of the property

§ If it shall appear to the court that there is no substantial issue of material fact of the right of the plaintiff to be granted other relief as prayed for in the complaint and provided for in this chapter, the court may enter an order and judgment granting so much of such relief as may be sustained by the proof, and the court may grant such other relief as may be prayed for in the plaintiff's complaint and provided for in this chapter, then the court shall enter an order denying any relief sought by the plaintiff for which the court has determined that the plaintiff has no right as a matter of law

§ If it appears to the court that the plaintiff should not be restored to possession of the property the court shall

· deny plaintiff's motion for a writ of restitution and

· enter an order directing the parties to proceed to trial within thirty days on the complaint and answer.

§ If it appears to the court that there is a substantial issue of material fact as to whether or not the plaintiff is entitled to other relief as is prayed for in plaintiff's complaint and provided for in this chapter, the court shall grant or deny so much of plaintiff's other relief sought and so much of defendant's defenses or set-off claimed, as may be proper.

§ If it appears to the court that there is a genuine issue of a material fact pertaining to a legal or equitable defense or set-off raised in the defendant's answer, the court shall grant or deny so much of plaintiff's other relief sought and so much of defendant's defenses or set-off claimed, as may be proper.

380 PART 2

v Before any writ shall issue prior to final judgment:

Ø Plaintiff shall execute to the defendant and file in the court a bond in such sum as the court may order, with sufficient surety to be approved by the clerk,

Ø Conditioned that the plaintiff will prosecute his or her action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he or she may sustain by reason of the writ of restitution having been issued, should the same be wrongfully sued out.

Ø The court shall also enter an order directing the parties to proceed to trial on the complaint and answer in the usual manner.

v Within three (3) days after the service of the writ of restitution issued prior to final judgment:

Ø Defendant, or person in possession of the property, may, in any action for the recovery of possession of the property for failure to pay rent, stay the execution of the writ pending final judgment.

Ø Defendant must pay into court or to the plaintiff, as the court directs,

§ all rent found to be due,

§ In addition by paying, on a monthly basis pending final judgment, an amount equal to the monthly rent called for by the lease or rental agreement at the time the complaint was filed:

410 Section 1

v If at trial the verdict of the jury or, if the case is tried without a jury, the finding of the court is in favor of the landlord and against the tenant,

Ø Judgment shall be entered for the restitution of the premises;

Ø judgment shall also declare the forfeiture of the lease, agreement, or tenancy, if the proceeding is for unlawful detainer is

§ after neglect or failure to perform any condition or covenant of a lease or agreement under which the property is held,

§ or after default in the payment of rent,

Ø Court/ jury, shall also assess the damages arising out of the tenancy occasioned to the landlord by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved at trial,

Ø Court find the amount of any rent due, if the alleged unlawful detainer is based on default in the payment of rent,

Ø Judgment shall be rendered against the tenant liable for the forcible entry, forcible detainer, or unlawful detainer for

§ the amount of damages thus assessed,

§ for the rent, if any, found due,

§ and late fees if such fees are due under the lease and do not exceed $75 in total.

Ø The court may award statutory costs.

Ø The court may also award reasonable attorneys' fees as provided in RCW 59.18.290.

Ø When the tenant is liable for unlawful detainer after a default in the payment of rent, execution upon the judgment shall not occur until the expiration of five court days after the entry of the judgment.

410 Section 2:

v Before entry of a judgment or until five court days have expired after entry of the judgment,

the tenant subtenant, or any mortgagee of the term, or other party interested in the continuance of the tenancy, may pay into court or to the landlord in which event any judgment entered shall be satisfied and the tenant restored to his or her tenancy.

Ø Tenant shall pay

§ the amount of the rent due,

§ any court costs incurred at the time of payment,

§ late fees if such fees are due under the lease and do not exceed $75 in total,

§ and attorneys' fees if awarded,

Ø unless the tenant provides a pledge of financial assistance letter from a government or nonprofit entity, in which case the tenant has until the date of eviction

Ø If the tenant seeks to restore his or her tenancy after entry of a judgment, the tenant may tender the amount stated within the judgment as long as that amount does not exceed the amount authorized under subsection (1) of this section.

v tenant may seeks to restore his or her tenancy and pay the amount set forth in this subsection with funds acquired through an emergency rental assistance program provided by a governmental or nonprofit entity,

Ø the tenant shall

§ provide a copy of the pledge of emergency rental assistance provided from the appropriate governmental or nonprofit entity and

§ have an opportunity to exercise such rights under this subsection, which may include a stay of judgment and provision by the landlord of documentation necessary for processing the assistance.

Ø The landlord shall accept any pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity before the expiration of any pay or vacate notice for nonpayment of rent for the full amount of the rent owing under the rental agreement.

Ø The landlord shall accept any written pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of both

§ the amount of rent due, including any current rent,

§ and other amounts if required under this subsection.

Ø The landlord shall suspend any court action for 14 court days after providing necessary payment information to the nonprofit or governmental entity to allow for payment of the emergency rental assistance funds.

§ By accepting such pledge of emergency rental assistance, the landlord is not required to enter into any additional conditions not related to the provision of necessary payment information and documentation.

Ø If a judgment has been satisfied, the landlord shall file a satisfaction of judgment with the court

Ø A tenant seeking to exercise rights under this subsection shall pay an additional $50 for each time the tenant was reinstated after judgment pursuant to this subsection within the previous 12 months prior to payment.

Ø If payment of the amount specified in this subsection is not made within five court days after the entry of the judgment, the judgment may be enforced for its full amount and for the possession of the premises.

410 Section 3: Staying of Writ

v Following the entry of a judgment in favor of the landlord and against the tenant for the restitution of the premises and forfeiture of the tenancy due to nonpayment of rent

Ø the court, at the time of the show cause hearing or trial, or upon subsequent motion of the tenant but before the execution of the writ of restitution, may stay the writ of restitution upon good cause and on such terms that the court deems fair and just for both parties.

Ø In making this decision, the court shall consider evidence of the following factors

§ The tenant's willful or intentional default or intentional failure to pay rent

§ Whether nonpayment of the rent was caused by exigent circumstances that were beyond the tenant's control and that are not likely to recur;

§ The tenant's ability to timely pay the judgment;

§ The tenant's payment history

§ Whether the tenant is otherwise in substantial compliance with the rental agreement;

§ Hardship on the tenant if evicted; and

§ Conduct related to other notices served within the last six months.

Ø The burden of proof for such relief under this subsection (3) shall be on the tenant.

Ø If the tenant seeks relief pursuant to this subsection (3) at the time of the show cause hearing, the court shall hear the matter at the time of the show cause hearing or as expeditiously as possible so as to avoid unnecessary delay or hardship on the parties.

Ø In any order issued pursuant to this subsection (3):

§ The court shall not stay the writ of restitution more than 90 days from the date of order, but may order repayment of the judgment balance within such time.

§ If the payment plan is to exceed 30 days, the total cumulative payments for each 30-day period following the order shall be no less than one month of the tenant's share of the rent, and the total amount of the judgment and all additional rent that is due shall be paid within 90 days.

§ Within any payment plan ordered by the court, the court shall require the tenant to pay to the landlord or to the court one month's rent within five court days of issuance of the order.

§ If the date of the order is on or before the 15th of the month, the tenant shall remain current with ongoing rental payments as they become due for the duration of the payment plan; if the date of the order is after the 15th of the month, the tenant shall have the option to apportion the following month's rental payment within the payment plan, but monthly rental payments thereafter shall be paid according to the rental agreement.

§ The sheriff may serve the writ of restitution upon the tenant before the expiration of the five court days of issuance of the order;

§ however, the sheriff shall not execute the writ of restitution until after expiration of the five court days in order for payment to be made of one month's rent as required by (c)(ii) of this subsection.

§ In the event payment is made as provided in (c)(ii) of this subsection for one month's rent, the court shall stay the writ of restitution ex parte without prior notice to the landlord upon the tenant filing and presenting a motion to stay with a declaration of proof of payment demonstrating full compliance with the required payment of one month's rent.

§ Any order staying the writ of restitution under this subsection (3)(c)(iii) shall require the tenant to serve a copy of the order on the landlord by personal delivery, first-class mail, facsimile, or email if agreed to by the parties.

Ø If the tenant has satisfied (c)(ii) of this subsection by paying one month's rent within five court days, but defaults on a subsequent payment required by the court pursuant to this subsection (3)(c), the landlord may enforce the writ of restitution after serving a notice of default in accordance with RCW 59.12.040 informing the tenant that he or she has defaulted on rent due under the lease agreement or payment plan entered by the cour

· Upon service of the notice of default, the tenant shall have three calendar days from the date of service to vacate the premises before the sheriff may execute the writ of restitution.

· If the landlord serves the notice of default described under this subsection (3)(c)(iii), an additional day is not included in calculating the time before the sheriff may execute the writ of restitution.

· The notice of default must be in substantially the following form: NOTICE OF DEFAULT FOR RENT AND/OR PAYMENT PLAN ORDERED BY COURTNAME(S) ADDRESS CITY, STATE, ZIPTHIS IS NOTICE THAT YOU ARE IN DEFAULT OF YOUR RENT AND/OR PAYMENT PLAN ORDERED BY THE COURT. YOUR LANDLORD HAS RECEIVED THE FOLLOWING PAYMENTS:DATE AMOUNT DATE AMOUNT DATE AMOUNT THE LANDLORD MAY SCHEDULE YOUR PHYSICAL EVICTION WITHIN THREE CALENDAR DAYS OF SERVICE OF THIS NOTICE. TO STOP A PHYSICAL EVICTION, YOU ARE REQUIRED TO PAY THE BALANCE OF YOUR RENT AND/OR PAYMENT PLAN IN THE AMOUNT OF $. . . . ..PAYMENT MAY BE MADE TO THE COURT OR TO THE LANDLORD. IF YOU FAIL TO PAY THE BALANCE WITHIN THREE CALENDAR DAYS, THE LANDLORD MAY PROCEED WITH A PHYSICAL EVICTION FOR POSSESSION OF THE UNIT THAT YOU ARE RENTING.DATE SIGNATURE LANDLORD/AGENT NAME ADDRESS PHONE

· (iv) If a tenant seeks to satisfy a condition of this subsection (3)(c) by relying on an emergency rental assistance program provided by a government or nonprofit entity and provides an offer of proof, the court shall stay the writ of restitution as necessary to afford the tenant an equal opportunity to comply.

· The court shall extend the writ of restitution as necessary to enforce the order issued pursuant to this subsection (3)(c) in the event of default.

§ A tenant who has been served with three or more notices to pay or vacate for failure to pay rent as set forth in RCW 59.12.040 within twelve months prior to the notice to pay or vacate upon which the proceeding is based may not seek relief under this subsection (3), unless the court determines any of the notices served were invalid or did not otherwise comply with the requirements of this chapter.

v In any application seeking relief pursuant to this subsection (3) by either the tenant or landlord, the court shall issue a finding as to whether the tenant is low-income, limited resourced, or experiencing hardship to determine if the parties would be eligible for disbursement through the landlord mitigation program account established within RCW 43.31.605(1)(b).

Ø In making this finding, the court may include an inquiry regarding the tenant's income relative to area median income, household composition, any extenuating circumstances, or other factors, and may rely on written declarations or oral testimony by the parties at the hearing.

Ø After a finding that the tenant is low-income, limited resourced, or experiencing hardship, the court may issue an order:

§ Finding that the landlord is eligible to receive on behalf of the tenant and may apply for reimbursement from the landlord mitigation program; and

§ ( directing the clerk to remit, without further order of the court, any future payments made by the tenant in order to reimburse the department of commerce pursuant to RCW 43.31.605(1)(b)(iii).

§ In accordance with RCW 43.31.605(1)(b), such an order must be accompanied by a copy of the order staying the writ of restitution.

§ Nothing in this subsection (3)(e) shall be deemed to obligate the department of commerce to provide assistance in claim reimbursement through the landlord mitigation program if there are not sufficient funds.

§ If the department of commerce fails to disburse payment to the landlord for the judgment pursuant to this subsection (3)(e) within 30 days from submission of the application, the landlord may renew an application for a writ of restitution pursuant to RCW 59.18.370 and for other rent owed by the tenant since the time of entry of the prior judgment.

§ In such event, the tenant may exercise rights afforded under this section.

§ Upon payment by the department of commerce to the landlord for the remaining or total amount of the judgment, as applicable, the judgment is satisfied and the landlord shall file a satisfaction of judgment with the court.

§ Nothing in this subsection (3)(e) prohibits the landlord from otherwise applying for reimbursement for an unpaid judgment pursuant to RCW 43.31.605(1)(b) after the tenant defaults on a payment plan ordered pursuant to (c) of this subsection

§ If a tenant demonstrates an ability to pay in order to reinstate the tenancy by means of disbursement through the landlord mitigation program account established within RCW 43.31.605(1)(b):

¨ Any restrictions imposed under (d) of this subsection do not apply in determining if a tenant is eligible for reinstatement under this subsection (3); and

¨ Reimbursement on behalf of the tenant to the landlord under RCW 43.31.605(1)(b) may include up to three months of prospective rent to stabilize the tenancy as determined by the court.

410 Sec 4 , 5, and 6

v If a tenant seeks to stay a writ of restitution issued pursuant to this chapter,

Ø the court may issue an ex parte stay of the writ of restitution provided :

§ the tenant or tenant's attorney submits a declaration

· indicating good faith efforts were made to notify the other party

¨ or, if no efforts were made, why notice could not be provided prior to the application for an ex parte stay,

· and describing the immediate or irreparable harm that may result if an immediate stay is not granted.

Ø The court shall require service of the order and motion to stay the writ of restitution by personal delivery, mail, facsimile, or other means most likely to afford all parties notice of the court date.

v In all other cases the judgment may be enforced immediately.

Ø If a writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required.

v This section also applies if the writ of restitution is issued pursuant to a final judgment entered after a show cause hearing conducted in accordance with RCW 59.18.380.

Arguing Your Eviction in Court

Tue, 12 Nov 2024 23:25:28 +0100

A common question that landlords ask me is "what possible defenses can my tenants raise to the eviction? Shouldn't the fact that they owe rent be enough to evict?"

Unfortunately, it is not that simple. A tenant can assert a variety of defenses to an eviction action. These defenses can be raised in the tenant's written answer or verbally at a show cause hearing. The following are potential issues that a landlord should prepare for

A. Procedural Defenses

Procedural requirements for unlawful detainer actions must be carefully followed and strictly construed. A tenant can raise several procedural defenses if the landlord failed to follow the requirements.

1. Was tenant served proper eviction notice? Service of a proper eviction notice is a jurisdictional prerequisite to bring an unlawful detainer action. The notices include: a 3 day pay or vacate, 3 day nuisance, 10 days to comply with lease or 20 day notice to terminate. Tenant is entitled to service of the notice as required by statute. This involves either personal service on the tenant or mailing and posting on the door. An extra day must be added to the notice period if the notice is mailed. RCW 59.12.030 59.12.040

2. Did tenant receive a proper Summons and Complaint? If the summons does not comply with the statutory requirements, the court does not have jurisdiction to proceed. An Eviction Summons must be returnable on a designated date betwen seven and thirty days from the date of service. The Summons must contain certain information required by statute, including a street address/fax for delivery or a response for the plaintif or the plaintiffs attorney. A summons that fails to inform the tenant of his right to respond by is improper. 59.18.365 of RCW 59.12.070 and .080

3. Was the Summons properly served? The Summons must be served on a tenant in the same manner as a regular civil action. The summons must either be personally served on the tenant or a copy must be left at the tenant’s residence with a resident of suitable age. Defense of insufficient service of process is not waived by filing a notice of appearance or if it is asserted in a responsive pleading. CR 4 RCW 4.28.080-090 CR 4(d)(5)

4. If no proper service, was there Alternative Service? If a process server is unable to personally serve the tenant, the court may authorize alternative service of the summons by posting and mailing. To obtain an order of alternative service, the process server must demonstrate that he exercise due diligence in attempts to personally serve the tenant. There must be an affidavit describing the attempts at service and belief that the tenant can not be found. Posting and mailing by regular and certified mail must occur not less than nine days from the return date in the summons. Note: Alternative service limit’s the courts’s jurisdiction to restoring possession of the property. No money judgment may be entered against the def until personal jurisdiction is acquired. RCW 59.18.055

Substantive Defenses

5. Is tenant still in possession of the premises? Principle purpose of unlawful detainer action is to determine the right of possession. If the tenant has moved out prior to commencement of the action, the complaint should be dismissed. If issues of right to possession is resolved after service the complaint, the parties can convert the action to an ordinary civil suit for damages.

6. Does tenant have an ownership claim? Unlawful Detainer actions only apply to to landlord-tenant relationships. A Tenant can assert an ownership claim as an affirmative defense in an unlawful detainer action. In cases where there is no landlord tenant relationship but there is dispute as ownership, a party must bring an ejectment action rather than an unlawful detainer action. RCW 7.28

7. Is the eviction retaliatory? A landlord cannot evict tenants in retaliation for exercising their tenant rights or for making complaints to government authorities regarding code or repair violations. A tenant can also assert a retaliation defense if the teanant falls behind on rent after the landlord increases rent. If the landlord initiated the eviction or rent increase within 90 days after the tenant engages in the protected activity, there is a rebuttable presumption that the action is retaliatory. RCW 59.18.250, 59.18.240(1).

8. Is the Eviction discriminatory? A Tenant can assert the eviction action was based on discrimination. A tenant can also assert a discrimination defense if the teanant falls behind on rent after the landlord increases rent. A Discrimination claim would include a Landlord's failure to reasonably accommodate a disabled tenant. Such Reasonable accommodation request for a tenant's disability can be requested by the tenant at anytime before a physical eviction occurred. Also See Washington Law Against Discrimination 42 U.S.C. 3604

Other Defenses:

9. Are there defects on the premises? Are the premises uninhabitable ? A Tenant who is being evicted for non-payment of rent may claim that rent should be reduced or excused because the Landlord failed to make needed repairs. This "Warranty of hability" defense is based on case law, not statute. The principle is that landlords have an implied duty to provide a livable dwelling for the tenant. The tenant is not required to give written notice to the landlord of the defects, nor does the tenant have to be current in rent to assert the defense.

In Foisy v. Wyman, The Court describes a two step process to determine what amount of rent should be "offset" by the defective condition: First, Was the unit totally or partially uninhabitable during the tenancy? Second, what should be the reduction in rental value for the unit? If tenant's obligation to pay rent is totally offset by the defective conditions, then the unlawful detainer action should be dismissed. More commonly, the court will find that the repair problems justify only a partial reduction in rent, and if the tenant withholds more than this amount, there will be a judgment for the Landlord. Foisy v. Wyman 83 Wn2d 22 (1973).&

10. Did the landlord waive the action by accepting rent? Equitable defenses are expressly authorized in unlawful detainer actions. These would include estoppel, laches and waiver. Acceptance of rent after the eviction action begins constitutes a waiver by the landlord, and halts the eviction action.

11. Do I have any counterclaims? The Law permits tenant to assert any set off against the landlord arising out of the tenancy. Tenants should be able to claim any damages resulting from the landlord's failure to perform any of its contractual or statutory obligations under the lease or statutory obligations. RCW 59.18.400

12. Are there any local ordinances that protect me? Some local governments have adopted regulations that provide additional protections for tenants and may may be the basis for an affirmative defense. Seattle has adopted a local ordinance that requires that all landlords have “just cause” to terminate a residential tenancy. See Seattle Municipal Code SMC 22.206.160(C)).

Additional Resources

Residential Landlord Tenant Act:
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18

Seattle Legal Help

Tenancies in Washington State

Tue, 18 Dec 2012 04:51:49 +0100

What type of tenancies are covered under the RLTA?

There are three basic types of tenancies. 1. A periodic tenancy, or month to month tenancy, is when property is rented for an indefinite period of time with rent payable on a monthly or other periodic basis. 58.18.200 2. Tenancy for Specified Time refers to the rental of property for a specified time, such as signing a year lease. 3. Tenancy at will refers to tenants who occupy residential property for an indefinite period of time without being obligated to pay any rent. Theses tenancies are not covered by the RLTA. Najewitz v. City of Seattle 21 Wn2d 656, 152 P.2d 722 (1944)

What living situations are not covered by the RLTA?

Some living arrangements which appear to be tenancies are excluded from coverage under the RLTA. These include: 1. Institutional living arrangements. 2 Residents under purchase and sale agreements 3. Residents in hotels or motels 4. Property rented for agricultural purposes. 5. Seasonal farmworkers and other employees whose dwelling unit is conditioned upon employment. RCW 59.18.040. Sunrise Group Homes v. Ferguson, 55 Wn. App. 285, 777, p.2d. 553 (1989

How is a rental agreement created?

Rental agreements can be oral or written. Month to month tenancies can be created by nothing more than acceptance of rent. If a deposit is collected, the rental agreement must be in writing. Leases for over one year must be in writing and acknowledged like a deed. Leases that are not in writing or that exceed one year usually create a month to month tenancy RCW 59.18.210; RCW 59.04.010. RCW 64.04.010-020. RCW 59.18.260 A Any provision in a rental agreement that waives a tenant's rights and remedies under the RTLA is unenforceable. A rental agreement may not require a tenant to pay the landlord's attorney fees, except as specifically authorized by statute. RCW 59.18.230.

What are the laws regarding rent?

State law does not restrict the amount of rent that a landlord may charge and prohibits counties from regulating the amount of rent that a landlord may charge. A landlord must provide a written receipt to the tenant for any rent payments upon request. RCW 35.21.830; RCW 36.01.130 59.18.063 RCW 59.18.390 Rent cannot be increased during the term of a lease (tenancy for a specified time), unless the tenant agrees to the increase. However, The landlord may increase the rent of a month-to-month tenant by giving 30 day written notice of such increase RCW. 59.18.140

What are the duties of a tenant?

Tenant has the following duties to: 1. Pay rent on time. 2. Comply with state and local laws. 3. Keep the premises clean 4. Dispose of garbage and waste 5. Properly use all electrical, gas, heating, plumbing and appliances 6 Not intentionally or negligently damage the premises. 7. Not permit a nuisance or waste 8. Not engage in drug related activity on the premises. RCW7.43 7.48 7.48a 9. Maintain smoke detection devices RCW 48.48.140(3) 10 . Not engage in physical assault with deadly weapons RCW 7.48.155 11. Not engage in gang related activity on the premises. 12. Restore the premises to good condition except for reasonable wear and tear. RCW 59.18.130

What is a Tenant 's liability for failing to pay rent?

A Month to month tenant who defaults in the payment of rent and abandons the premises is liable for rent for the 30 days following the earlier of either: 1) The date the landlord learns of the abandonment or 2) the date the next regular rental payment would had become. RCW 59.18.310 When the tenancy is for a specified time (lease) the tenant is liable for the lesser of: 1) the entire rent due for the remainder of the term or 2) all rent accrued during the period reasonably necessary to re-rent the premises at a fair rental price plus the differences between such fair rental and the rent agreed to in the rental agreement Note: The Landlord must make reasonable effort to mitigate any damages that results from a default in rent and abandonment. RCW 59.18.310

How is a tenancy terminated?

A Month-to-month tenancy is terminated by 20 days written notice before the end of a monthly rental period. A Condominium conversion requires 120 day notice. 59.08.200. A tenancy for a specified time is terminated at the end of the specified time. 59.18.220A A Tenancy may also be terminated as a result of an eviction for non payment of rent, nuisance, failure to comply with lease, or illegal conduct.

Additional Resources

Residential Landlord Tenant Act
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18

Local jurisdictions have their own codes and regulations, some of which provide more protections for tenants. In Seattle, the applicable Laws are Seattle Municipal Code SMC 7.24 and SMC 22.206

Landlord Dos and Dont's

Tue, 18 Dec 2012 04:47:34 +0100

A Landlord MAY NOT enter the tenant's premises without notice and consent.

The Landlord may not enter the dwelling unit without the consent of the tenant except in case of emergency or tenant's abandonment. However, The Tenant must not unreasonably withhold her consent to entry by the landlord. RCW 59.18.150

A Landlord MAY give the Tenant 2 days notice of his intent to enter the premises

A Landlord MAY give the tenant TWO days notice of his intent to enter the premises, except in the case of emergency or if it is impractical to do so. The landlord may enter for the purpose of inspection, making necessary or agreed repairs, supplying necessary or agreed services, or showing the premises to a prospective tenants. The Landlord may only enter at reasonable times RCW 59.18.150. A Landlord MAY give ONE day advance notice If she Landlord wants to show the premises to a exhibit it to a prospective tenant. The Landlord may not unreasonably interfere with the tenants enjoyment of the dwelling unit by exhibiting it excessively. RCW 59.18.150

A landlord MAY NOT not seize a tenant's property

However, there is an EXCEPTION to the general rule: A Landlord MAY seize a tenant's personal property IF the tenant owes rent and has abandoned the premises. The Landlord must send the tenant 45 day written notice of his intention to dispose or sell the property. If the tenant makes a demand for the return of the property prior to the time it is disposed or sold, the landlord must return it, but may condition the return on payment of moving and storage costs. The Landlord may not condition the return of the property upon the payment of delinquent rent. If the tenant is evicted , a Landlord may be required to remove and store a tenants personal property if the tenant serves a written request to do so. A request for storage is presumed if the landlord knows that the tenant has certain disability . Return may be conditioned upon payment of moving and storage costs. Property may be disposed of or sold after written notice to the tenant . RCW 59.18.312

A Landlord MAY NOT rent a unit that is illegal to occupy

A landlord MAY NOT rent a dwelling unit that has been condemned or declared unlawful to occupy. Damage and relocation assistance. If a landlord knowingly rents a unit that is condemned or unlawful to occupy, the tenant shall recover the greater of three months rent or actual damages, plus court costs and attorney's fees. If the tenant terminates the tenancy, the tenant may recover any prepaid deposit and all prepaid rent. If the premised are condemned after the tenant take occupancy, the landlord must pay relocation assistance to the tenant. This is set as the greater of $2,000 or three months rent. Local governments may advance the relocation payments to displaced tenants if the ll fails to pay in a timely fashion. 59.18.085

A Landlord MAY NOT Retaliate against a tenant:

It is unlawful for a landlord to retaliate against a tenant because he complains to governmental agencies about conditions that may endanger the tenants safety. Retaliatory action includes starting an eviction, increasing rent of tenant, or reducing services to the tenant. 59.18.240 There are "Rebuttable Presumptions" to when a landlord's action is retaliatory. If the landlord initiated any prohibited action within 90 days after the tenant's engages in the protected activity, there is a rebuttable presumption that the action is retaliatory. A notice to terminate the tenancy is presumed NOT to be retaliatory if the tenant is in violation of his rental agreement. There is a rebuttable presumption that a complaint to an enforcement agency was not made in good faith if it was made within 90 days after a notice of rent increase or good faith action by the landlord. A notice of rent increase is presumed NOT to be retaliatory if the notice specifies reasonable grounds for the increase

Additional Resources

Residential Landlord Tenant Act
http://apps.leg.wa.gov/rcw/default.aspx?cite=59.18