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HomeMy WebLinkAboutHandout - Audience Comment ���i�17 �4�-��r�%�f� C������,�f�S Seafile Department of Construction ��� and inspections � � � � � r� �"� � ' �. � °;A �� s . ' ..n - e w♦ ��` a o�:., . ♦ = o. Seattle l.aws on P�pe�y . • Keep the premises fit for human habitation and keep any common areas reasonabiy clean and safe Owner and Tenant Rights • Provide for control of insects,rodents and other pests • Maintain all structural components(roof,walls and and Responsib�'���es foundation)and keep the unit weathertight Updated July i 1, 2016 • Maintain all electrical, plumbing, heating and other equipment and appliances supplied by the owner • Provide adequate containers for garbage The Seatde Depariment of Construction and Inspections • When responsible for heating rental units, maintain (Seattle DCI)administers and enforces Seattle's Housing daytime(7:00 a.m. to 10:30 p.m.)temperatures at and Building Maintenance Code(SMC Sections 22.200 no less than 68 degrees Fahrenheit and nighttime -22.208)and several other ciry ordinances affecting temperatures at no less than 58 degrees Fahren- landlords and tenants. Members of Seatde DCI's Code heit from September through June Compliance staff are available to assist tenants and . Change lock rr�chanism and keys in non-transierit owners in understanding City code requirements. accommodations upon change of tenancies,and pro- This Tip is a general guide to the rights and responsibili- �de unit and building enVance door keys to tenants ties of Seattle tenants and rental property owners under • Install smoke detectors and instruct tenants as to city laws. For specific information on the Housing and their operation and maintenance Building Maintenance Code(HBMC)or Renta/Registra- �efs are noi responsible for cosmetic repairs such as tion and lnspection Ordinance(RRIO)contact: new carpeting and a fresh coat of paint after each tenan- Seattle Department of Consbuction and Inspections cy. Code canpliance staff can answer questions about Code Compliance whether an apartrnent owner is responsible fa�a particu- (206)615-0808 lar repair. Call(206)615-0808 for more information. Location: 19th Floor, Seattle Municipal Tower Under RRIO, property owners in Seattle must provide Maiing Address: 70d Fifth Ave., Suite 2000 safe housing that meets basic requirements as deter- P.O. Box 34019 mined by ihe RRIO Checklist and: Seattle,WA 98 1 24-401 9 Register properties that are rented for residential The Washington State Resideniial Landlord/Tenant • use every five years(see Tip 620, Registering Your Act(Chapter 59.18 RCW)also establishes rights Rental Propert� and responsibilities for tenants and landlords. For . Starting in 2015, pass a RRIO inspection at least further information about state law, contact one of once every ten years(see Tip 620, Registeiing the organizations listed ai the snd of this publica- Your Rental Property) tion or go to httpJ/apps.leg.wa.gov/RCW/default aspx?cite=59.18. Definition of Tenant W118t t11e City t+�qu11'�S Of 1'etlt8l pfOpelty OYVttet'S With the exception of the Tenant Relocation Assis- Under the HBMC, building owners in Seattle have an tance Ordinance,a tenant is defined as a person obligation to provide safe, clean, secure living condi- �cupying or holding possession of a building or tions. Generally,owners have the responsibility to: premises pursuant to a rental agreement. This includes residents of transient lodgings who remain � i,,�i � , ,, ...�.. . I � � � ., ` _ � ��� .. I �a:a I � - � r - � � • r :. •e • ,,I� ,.- . . � . . , ,m , . a , o . _.. .., . . . 6 SDCI Tip#604—Seattle Laws on Property Owner and Tenant Rights and Responsibilities page 2 in residence for one month or longer. A rental agree- rent. State law has specific rules about mak- ment may be oral or in writing. ing deductions from rent or paying rent into an escrow account. For information on this subject, contact�ne of the assistance groups listed at the Obligations of tenactts end of this publication. Tenants must meet an owner's reasonat�le expectations to maintain rental housing in a safe,clean manner,r�rmal Reporting a problem to Seattle DCI wear and tear excepted. Tenant responsibilities include: Tenants may report the problem to Seattle DCI if the • Proper disposal of garbage owner or manager does not make a repair in a rea- • Care in use of electrical and plumbing fixtures sonable time. Write, call or go in person to Seattle • Promptly repair of any damages caused by tenants DCI Code Compliance, located on the 19th floor of or their guests Seattle Municipal Tower at 700 Fifth Ave., in downtown Seattle, (206)615-0808. • The granting of reasonable access to the owner for maintenance, repair and pest control;as well as ac- • Call Seattle DCI to report the problem if a properry cess ta an inspector to complete a RRIO inspection owner or manager does not respond to repair Maintaining smoke detectors in good working order requests and a complaint seems to be the only � alternative remaining. Your name will be kept con- • Refraining from storing hazardous materials on the fidential if you so request. premises • Specify everything�eeding inspection and give the address of the building including the unit number. Available remedies 'rf repairs are needed • Include a telephone number when asking Seattle Tenants may take the following action if repairs are �C�for assistance so the department can call needed: to arrange a time for an inspection. The person requesting assistance should be present during the 1. CoMact the owne�: A telephone call or letter is usu- inspection. ally the way most tenants and owners resolve any . �f the inspector finds violations, the inspector will problems. In most cases this will resolve the prob- prepare a notice showing when the repairs must be lem,but a written rer�uest for repairs is often required made, notify the responsible party of the violation, by law before tenants can exercise any other remedy. and post the notice on the premises. Remember to keep copies ot all correspondence. • The time for compliance is generally 30 to 60 days, 2 Report the problem to Seattle DCI. If the depending upon the nature of the violations and owner or manager does not make the repair in a any extensions the owner may receive. reasonable time, you may schedule an inspec- tion by Seattle DCI. If the condition is in violation ' �f the owner does not make the required repairs, of the HBMC or RRIO and the owner fails to fix �attle DCI will follow up through court action to the violation, the inspector will require the owner attempt to attain compliance. take corrective action. See the next section for more detai�s. Seattle's Just Cause Eviction Ordinance 3. Use other remedies available,including self- The Just Cause Eviction Ordinance is part of Seattle's help repair,mediation,placing rent in escrow, HBMC. The intent of the ordinance is to provide clear and finally,moving out. The Washington State standards for both tenants and rental property owners Residential Landlord/Tenani Act(Chapter 59.18 regarding the circumstances under which a month- RCW) has limited remedies for tenants in situa- to-month tenancy may be terminated and eviction tions where building owners fail to make code-re- can occur. The HBMC specifies the only reasons for quired repairs within a reasonable time of being which a tenancy can be terminated. It requires own- notified of the need. You must be current in your ers to list the reasons for ending the tenancy when rent and utilities to exercise these options. These sending a written termination notice. For more infor- remedies may involve some form of rent with- mation, see Tip 604A, Seattle Laws Regardrng 8uild- holding or reduction. As a general rule. however, ��g Maintenance and Reparr. simply withholding rent is not a suitable remedy; in fact, a tenant may be evicted for failure to pay __ _ _ LEGAI DISCL41MERr Thic Tn shnrilrl nnt h� usPri Rs a suhstff��ta fnr cnrM.c anrf rarndatinnc ThP annlir.ant ic rPsnnnsihlP for rmm�lianr.a SDCI Tip#604—Seatde Laws on Property Owner and Tenant Rights and Responsibilities page 3 The following definitions are important to distinguish- vacant and available in the same building and ing between an eviction and a termination of tenancy: gives the tenant written notice at least 90 days Eviction: The end result of a format legal action in prior to the end of a rental period. Immediate family includes the owner's spouse or the owner's civil court that requires a tenant to move pursuant to a domestic partner, and the parents, grandparents, legally issued written notice. children, brothers and sisters of the owner, the Termination of Tenancy: A written notice given by owner's spouse or the owner's domestic part- a landlord to a tenant requiring the tenant to move ner. If the owner gives this reason to terminate listing at least one reason specified in the Just Cause a tenancy and then fails to carry it out, he or she Eviction Ordinance. may be subject to a civil penalty of up to$2,500. A tenant whose tenancy is terminated for this Note: If a tenant refuses to move, only a court can reason has a private right of action if he or she force the tenant to leave. feels an owner has failed to comply with these The following is a summary of the reasons for which requirements. owners may end tenanciss under the ordinance: 9. The owner wishes to terminate the tenancy of a 7. The tenant fails to pay rent within 3 days of a tenant who lives in the same housing unit with the notice to pay rent or vacate. owner; or the owner desires to stop sharing his or her house with a tenant living in an approved 2. The tenant habitually fails to pay rent on time, accessory dwelling unit(ADU) in an owner-occu- causing the owner to notify the tenant in writing of pied house. overdue rent 4 or more times in a 12-rrionth period. 10. The tenant's occupancy is conditioned upon 3. The tenant does not comply with material terms employment on the property and the employment of a lease or rental agreement within 10 days of a relationship is terminated. notice to comply or vacate. 11. The owner plans major rehabilitation that requires a 4. The tenant does not comply with a material permit and demonstrates that the work cannot be obligation under the State Landlord-Tenant Act done with a tenant in occupancy. In addition, the within 10 days of a notice to comply or vacate. owner must comply with the requirements of the 5. The tenant habitually fails to comply with material Tenant Relocation Assistance Ordinance. (See terms of the lease or rental agreement,which below for more information.) If the owner gives causes the owner to serve a 1 a-day notice to com- ►najor rehabilitation as the reason to terminate a ply or vacate 3 or more times in a 12-month period. tenancy and then fails to carry it out, he or she may be subject to a civil penalty of up to$2.500. 6. The tenant severely damages the rental unit A tenant whose tenancy is terminated for this (causes "waste"),causes a nuisance(including reason has a private right of action if he or she drug-related activity), or maintains an unlaw- feels an owner has failed to comply with these ful business, and does not vacate the premises requirements. within three days of a notice to do so. The type of damage, nuisance or unlawful business must 12. The owner decides to convert the building to a be specified in writing on the notice. cooperative or condominium. {See page 6 for information on the Condominium and Coopera- 7. The tenant engages in criminal activity in the tive Conversion Ordinances.) building or on the premises or in an area imme- diately adjacent to the building or premises. The 13. The owner decides to demolish a building or to alleged criminal activity must substantially affect convert it to non-residential use. The owner must the health or safety of other tenants or the owner; first comply with the requirements of the Tenant illegal drug-related activity is one crime specified Relocation Assistance Ordinance(see page 5) by the ordinance. A property owner who uses and obtain a necessary permit. this reason must clearly state the facts support- 14. The owner desires to sell a single family residence ing the allegation, and must send a copy of the and gives the tenant written notice at least 90 days termination of tenancy notice to Seatde DCI. prior to the end of a rental period. The owner must 8. The owner wishes to occupy the premises person- ��st the property for sale at a reasonable price in a ally, or the owner's immediate family will occupy newspaper or with a realty agency within 30 days the unit, and no subs[antially equivalent unit is after the date the tenant vacates. Property own- LEGAL DISCLAIMERc This Trn�hn�Arl nnt hp u.crri as a suh.ttit��te fn�enriP.c an�i ren�datinnc_ The annlicant is resnnn�ihlP fnr r.mm�lianrw SDCI Tip#604—Seatde Laws on Property Owner and Tenant Rights and Responsibilities page 4 ers may be required to sign a certification of the ber is to move in,or(3)substantial rehabilitation is intent to sell the house if Seattle DCI receives a planned, and if the owner fails to carry out the stated complaint. There is a rebuttable presumption af an reason for eviction,the tenant can sue the owner for ordinance violation if the unit is not listed or adver- up to$3,000, costs,and reasonable attorney's fees. tised,or is taken off the market or re-rented within 90 days after the tenant leaves. A tenant whose Unless otherwise noted above, a termination of ten- tenancy is terminated for this reason has a private ancy notice must be given at least 20 days prior to right of action rf he or she feels an owner has failed the start of the next rental period and must state the to comply with these requirements. reason for termination in writing. Only those reasons listed above are lawful causes for terminating month- 15. The owner plans to discontinue the use of a to-month tenancies in Seattle. For the complete text housing unit which is not authorized by the Land of the Just Cause Eviction Ordinance, go to the Ciry Use Code, after receiving a Notice of Violation. of Seattle's, City Clerks website and click on Seattle The owner must pay relocation assistance to Municipal. Call up section 22206.160. For more in- the tenants of each such unit at least two weeks formation, call Seattle DCI Property Owner and Tenant prior to the date the tenant is to vacate. Low- Assistance at(2�6)615-0808. income tenants must be paid$2,000 relocation assistance; other tenants must be paid relocation Please note, under state law tenants wishing to assistance equal to two months' rent. terminate month-to-month tenancies must also fol- low proper notice procedures, notifying the owner or 16. The owner needs to reduce the number of tenants manager in writing at least 20 days before the start o1 sharing a dwelling unit in order to comply with the next rental period. Land Use Code restrictions (i.e., no more than 8 people per dwelling unit if any are unrelated). 17. The owner decides to terminate the tenancy of Enforcement of the Just Cause Eviction a tenant from a house containing an approved Ordinance ADU in order to comply with the development Seattle DCI Code Compliance staff will investigate com- standards for ADUs, after receiving a Notice of plaints of an illegal termination of tenancy. If a com- Violation of the Land Use Code. (If the violation plaint is determined to be valid,the department will in- is that the owner has moved out of the house form the landlord of the requirements of the Ordinance and has rented both units, one unit must either and will issue a Notice of Violation should the landlord be reoccupied by the owner or be removed.) refuse to rescind the termination notice. If the land- The owner must pay relocation assistance to lord fails to rescind the notice within the compliance displaced tenants in the amount of$2,000 for period given in the Notice of Violation, the case will be low-income tenants, or two months' rent in other referred to the City Attorney's Office. A landlord found cases. Seattle DCI may require a property owner to have illegally terminated a tenancy can be penal- to sign a certification of his or her intent to dis- ized by a civil fine of$150.00 per day per housing unii continue the use of the ADU. from the date the violation begins for the first 10 days '18. An Emergency Order to vacate the property has of non-compliance and$500.00 per day per housing been issued by Seattle DCI and the tenants have unit thereafter. failed to vacate by the deadline given in the Order. Within 10 days of receiving a Just Cause Eviction Failure to fdlow through witfi stated cause• If an Ordinance Notice of Violation, a landlord or other af- owner terminates a tenancy for the reason that(1)sale fected party may request an administrative review by of a single family residence is planned,(2)the owner or a Seattle DCI representative. Seattle DCI will notify a family member is to move in, (3)substantial rehabili- the requester within 7 days of receipt of the request tation is planned, (4)the number of residents must be for review. The requestor will have 15 days from reduced to eight, or(5� the owner is discontinuing an the receipt of this confirmation to submit additional ADU after receipt of a notice of violation,and the owner �nformation to Seattle DCI. Following the review,the fails to carry out the stated reason for eviction, he or �attle DCI representative may sustain, modify, or she may be subject to enforcement action by the Ciry withdraw the Notice of Violation.A written decision will and a civil penalty of up to$2,500. be sent to the requestor within 15 days of the decision being made. Private right of action for tenants: If an owner ter- minates a tenancy because(1}sale of a single family residence is planned, (2)the owner or a family mem- LEGA�OISCLAlMER� Thi.c Tin chtudri nni M±�icPri ac a vihctitiita fnr rnriac anri rr nidatinnc ThP annlirant ic raennneihlP fiu r_nmNianrw SDCI Tip#604—Seattie Laws on Property Owner and Tenant Rights and Responsibilities page 5 Records a property owner should keep 6. Entering a tenant's unit, except in an emergency Owners are advised to maintain the following records or with the tenant's cansent after giving appropri- to support a case for terminating a tenancy: ate notice of intent to enter 1. A specific written rental agreement, with rules 7. Increase the monthly housing costs without ad- that apply equally to all tenants. and a unit condi- vance written notice; 30 days for a rent increase tion checklist; of less than 10%, 60 days for a rent increase of 10% or more 2. Records of rental payments; 8. Increase monthly housing costs where a housing 3. Copies of notices given to tenants,with evidence unit does not meet basic standards for habitabil- that all legally required notices were properly I ity served; and � ; The following actions constitute harassment or retalia- 4. Any information or documentation to support a tion against the owner: termination of tenancy, such as police incident reports or complaints from neighbors. 1. Changing locks on unit doors Notices for termination of tenancy must specifically 2. Removing owner-supplied fixtures,furniture or services state the reasons for the termination. For example, a 3. Willfully damaging the building notice for habitual late payment of rent could state: � For more information or to file a complaint, call Seattle "You were notified in writing on January 3, i DCI at(206)615-0808. 1999, February 3, 1999, March 3, 1999, and ! April 3, 1999, that your rent was late. lt is due and payable on the first day of each month." � Definition of Housing Costs Owners are advised to retain the following records as � Housing casts include rent and any other periodic evidence of compliance with the RRIO program: or monthly fees such as storage, parking, or utilities, � paid to the landlord by a tenant. 1. Proof of registration (Registration Certificate)that needs to be displayed or given to each tenant; and provided to all new tenants at or before the �er City ordinances affecting tenants time tr►ey move in, and rental property owners 2. A copy of the Certificate of Compliance once an 1- Rental Registration Inspection Ordiance inspection has been performed. (RRIO) www.seattle.gov/RRIO, (206)684-4110 � This ordinance helps ensure that all rental hous- Actions that are considered to be I ing in Seattle is safe and meets basic housing harassment or retaliation � maintenance requirements. Starting in 2014, all The HBMC prohibits certain actions taken against rental property owners in Seattle must register their either a tenant or an owner. properties with the Ciry. Inspectors will make sure all registered properties comply with minim�m life The following actions constitute harassment or retalia- and safety standards at least once every 10 years. tion against the tenant: 1. Changing locks on unit doors I 2. Tenant Relocation Assistance Ordinance 2. Removing doors,windows,fuse box,or other fixtures This ordinance applies when tenants are dis- placed by housing demolition, change of use, 3. Discontinuing gas, electricity> water, or other utili- substantial rehabilitation, or removal of use re- ties supplied by owner strictions from government assisted housing. 4. Removing a tenant from the premises except A property owner who plans development activ- through the legal eviction process ity must obtain a tenant relocation license and a 5. Evicting,increasing rent or threatening a tenant be� building or use permit before he or she can termi- cause that tenant has reported violations of the HBMC �ate a tenancy. All tenants must receive a 90- to Seat�e DCI or has exercised any legal rights arising day notice of the activity that will require them to out of the tenanYs occupancy of the building move. Eligible low income tenants, whose income LEGAL DISCLAIMER� Thi�Tin shtH�lri nni hP icsPri a.c a vih.stit��tP fi�r rnr/Pc an�i rr niilafi�nc Thr>annlirant ic rt cnnncih/P fnr�mm�lianrP SDCI Tip#604—Seatde Laws on Property Owner and Tenant Rights and Responsibilifies page 6 cannot exceed 50 percent of inedian income, 4. Condominium and Cooperative Conv�sion receive$3,340 relocation assistance, half of which Ordinances is paid by the owner, half paid by the City. When a residential building is being converted to condominiums or cooperative units,the Condo- It is a violation of this ordinance for a property minium and Cooperative Conversion ordinances owner to increase the rent to avoid applying for a require a housing code inspection. Tenant Relocation License. Additionally,for a condominium conversi�,a tenant 3. Rental AgreemeM Regulation Ordinance must receive a 12aday written notice of conversion. This law has three provisions that landlords If the tenant decides not to buy his/her unit,ihe tenant should be aware of: may be eligible to receive the equivalent of three(3) Notice for Rent Mxx�ase of 10 percent or more• m�th's rent in relocat�n assistance if the tenant's annual income,from all sources,does not exceed Landlords who intend to increase housing costs,in- gp Percent of the area median incane,adjusted for cluding rent,by 10 percent or rr�ore within a 12-month household size. A household which othervvise quali- period must give at least 60 days written r�tice of fies to receive relocation benefits and which includes such an increase. a member sixly-five(65)years of age or older or an Information Disdosure: Seattle landlords must individual with"special needs,"as defined in the ordi- give prospective tenants a copy of a summary nance,may qual'rfy for addit�ional assistance. of the Ciry and state landlord-tenant laws when For a cooperative conversion, a tenant must they offer a rental agreement. The summary must receive a 12o-day notice of intention to sell the be attached to all written rental agreements, and unit. If the tenant decides not to purchase his/ must be given to tenants who are offered a verbal her unit, the household must be paid$500.00 in rental agreement. All current tenants also must relocation assistance. have been given a copy. Relocation assistance is paid directly to the tenant The summaries are available on the'Tools& Re- by the property owner or developer.The as- sources'page of Seattle DCI's website at wwv� sistance must be paid no later than the time the seattte.gov/dpd/toolsresources/. Paper copies housing unit is vacated. are available from the Seattle DCI Public Resource Center,located on the 20ih floor of Seattle Mu- For further information,contact Seattle DCI Code nicipal Tower at 700 Fifth Ave. Each customer will Compliance at(2d6)615-0808. receive one duplicable master copy. For more information on these ordinances,call Prohibited Rental AgreemeM Provision: Under (206j 615-0808. this law, landlords are not allowed to have month- to-month rental agreements that penalize a tenant 5. Third Party Billing Ordinance for moving out before a minimum number of This ordinance defines rules for landlords who, months(e.g., six months)have passed since the by themselves or through private companies, bill start of the tenancy. A landlord cannot withhold tenants for City provided utilities (water, sewer, a deposit or charge an additional fee if a tenant garbage, electric services)separately from their gives legal written notice to terminate his or her rent. The ordinance applies to all residential tenancy, and moves out after even one month. If buildings having three or more housing units. a landlord wants a tenant to stay a minimum num- The rules require a landlord or billing agent to ber of months,the landlord should offer the tenant provide tenants with specific information about a lease;leases can contain provisions for penalties their bills and to disclose their billing practices, if the tenant moves out before the lease expires. either in a rental agreement or in a separate writ- Tenants can bring a private civil action against ten notice. It is a violation of the ordinance if a landlords who violate these provisions. A landlord �andlord imposes a new billing practice without who is found in violation could be required to pay appropriate notice. penalties as well as the tenant's actual damages, A tenant can dispute a third-party billing by notify- court costs, and attorney fees. ing the billing agent and explaining the basis for the dispute. This must be done within 30 days of receiving a bill. The billing agent must contact the LEGAL DISCLAIMERe Thi.c Tin chrndrl noi hP u.crr/a.c a suhetitutP fnr c�da.a and rPnulatinns_ ThP annlirani ic rPsnnncihla fn�rnmnlianrw SOCI Tip#6U4—SeatUe Laws on Property Owner and Tenant Rights and Responsibilities page 7 tenant to discuss the dispute within 30 days of re- ', 6. Dispute Resolution Center of King County ceiving notice of the dispute. A tenant can also file (206)443-9603 a complaint with the Seattle Office of the Hearing www.kcdre.org F�caminer or take the landlord to court. If the Hear- Provides mediation services to landlords and ten- ing F�caminer or court rules in favor of the tenant, ants. The center acts as an alternative forum to the landlord could be required to pay a penalty. the formal court system for settling disputes. Addltional infonYtation �• ��e Office for Civ� Rights (2os)68a-450o Other groups that can provide information to tenants www seattle.gov/civilrights and rental property owners include: Enforces the City's Open Housing Ordinance which 1. Solid Ground protects tenants against differential treatment based (206)6946767 on�ace,cdor,creed,religion,ancestry,national ori- wwuwsolid-ground.org gin,age,sex,marital status,parental status,sexual Provides information and counseling on legal orientation,pditica�ideology�the presence of any rights and responsibilities under the State Resi- sensory,rr�ntal or physical handicap,the use of a dential Landtord/Tenant Act and other statues. ��tion 8 Certificate,or the use of a trained guide or service animal by a disabled person. 2 Legal Action Center g. King County Bar Association (Catholic Community Services) (206)3246890 ■ Neighborfiood Legal Clinics www ccsww.org/legalactioncenter (206)267-7070 Provides information and assistance to low in- www kcba.org/CLS/NLC/clier�ts.html come tenants faced with eviction. Call to schedule an appointment for a free 3. Tenants Union of Washington State �egal consultation. Clinics are available at ���7�0� numerous locations. Call between 9 a.m. and www tenantsunion.org noon, M-Th. Provides information and counseling on landlord/ • Housing Justice Project tenant problems. The Tenants Union also pro- ����7_7�0 vides workshops, training and technical assis- �Wkcba.org/CLS/HJP/dients.html tance for advocates and tenant groups on dealing R epresents low-income tenarits subject to eviction. effectively with landlords. ■ Volunteer Leg�Services 4. Washington State Attorney Gener�'s Office (�)�7_7010 ���`�'n� www kcba.orglCLS/VLS/clier�ts.html www atg.wa.gov Provides representation through volunteer at- Provides information about legal rights under torneys to clients facing eviction. the Residential Landlord/Tenant Act. The Attor- ney General's Office also has a Consumer Line 9. Washington Landlord Association Information Service which has recorded tapes on (888)753-9150 landlord/tenant topics at(206)4646811. www.walandlord.com 5. Rental Housing Association of Washington Provides information on a wide variety issues (�)�pg�g important to rental properry owners and managers www rhawa.org throughout Washington State. Provides information on legal rights and respon- 10. Washington LawHelp sibilities under the Washington State Residential www.washingtonlawhelp.org Landlord/TenantActand other local codes. Provides a wide range of information on housing issues specific to the state of Washington, includ- LEGAL DISCLAIMERc Thi.c Tin�hroArl nnt he�ccr.r/a.c a suhstitute fnr r.nrlas anr�renulatinnc The annlicant i.c rasnnncihlP fnr comnlia»rw SDCI Tip#604-Seattk Laws on Property Owner and TenanR Rights and Responsibilities page 8 ing tenants'rights,eviction, pubiic and subsidized j housing, emergency sheiter and assistance, � home buyers,home owners, mobile home park � tenants, smaN claims court, energy assistance, utilities and telecommunications. Information can , be accessed onty through ihe website. � 11. Washington Mutti-Family Housing Association � (425)656-9077 www wmfl�a.org ' Represents the interests of owners of multi- j family properties and their property management � companies throughout Washington at the federal. � state, and local levels. i � i2. Washington Rental Owners Association � (425j3S3-6929 � www waapt.org r A statewide organization that advocates for j landlords at the siate level, provides resources and continuing education for iis mernbers,and promotes the renial housing industry. � Additional landlord/tenant resources are available � on Seattle DCI's website at wwr�seattle.govldpd/ � toolsnesounces/, including: � • Rights&Responsibilities of Landlords and Tenants ( • Translated Versions of Landlord-Tenant Information ( � • Interpreter Service ! • Jusi Cause Eviction and Tenant Relocation � • Conftict Resoluiion Training � ( • Filing a Complaint ! � i 1 , - - - - - - - ---_- ----- --- — Links to etectronic versions of Seattte�!Tips,Di- re��tor's Rules,and the Seattle Munictipal Code are avaitable on the"Toois&Resources° page of our website at www seattle.govlsdci. Paper copies of ihese documenis,as well as additionat regula#ions mentioned in this Tip,are available from our Public Resource Center,located on the 20th floor of Seattfe Municipal Tower ai 700 Fifth Ave. in downtown Seat�e,{206)684-8467. i LEGAL DISCLAIMERe Thi.c Tin shMdN nnt hp ucPri a.c a cnh.ctitute fnr c�Nac anrl ranulatinnc The annlicant i.c rasnnn�ihlP fnr rnmnfianr.P Tenant rights counseling » Email/subscribe » Donate now » Facebook » KNOW YOUR RIGHTS»MQVING IN»RENfAL AGREEMENTS Before using ffiis information,please read: R�'e Changes & Rent ' gestPrac6cesandTiosforTenants • Tools for Tenants 1 ncreases • Understandina Landiord-Tenant Laws To read the specific laws in the WA State Residential Landiord-Tenant Act,dick on the • RCW 59.18.1�Q RCW(Revised Code of Washington)links • �MC 7.24.030 throughout the Tenant Services website. Tenants Union Tenant Counselors are not • ample Letter: Imoeor�r Rent IncreaSP or R�le Ghan� anomeys,and tnis intormation snould not be considered legal advice.Please read our tull A lanc�ord cannot change any aspect of a lease during the fixed-term Tenant Union Disciaimer. period except by mutual agreement.Therefore,rent is fixed during the lease term.In month-to-month tenancies,however,landlords can change the rules of tenancy more easily.In fact,the landlord is only required to give tenants 30 days written notice to change a term of the tenancy,including a rent increase(RCW 59.18.1401. An exception to this general rule concems a rent increase in the City of Seattle where a tenant is entitled to 60 days prior written notice for an increase 10%or more in a 12-month period(SMC 7.24.030). Because rent contrd is iNegal in Washington State(RCW�5.21.fi�Q)landlords can raise the rent as much as they see fit as bng as they comply with the appropriate notice period and have not issued the notice to discriminate or retaliate against the tenant. Rent increases go into effect in the first full month fdlaniing the notice of the increase.For instance,if your rent is due on the first of the month,and your landbrd gives 30 days written notice of a rent increase on the 15th of September,the new rent amount wtll not go into effect until November 1st.If your landbrd 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 foNowing the 30-or 60-day no6ce period.A tenant paying a rent increase without 30 days notice gener�ly indicates their agreement to accept the increase without the proper written notice. If you have been given less than the required amount of notice,you can contest an imEuoper rent increase.See our�nle Letter:Imorooer Rent Increase or Rute Chanae.However,a rent increase without proper notice may not be adequate defense against an eviction.Tenants who are not given proper notice may still decide to pay the rent increase(if they are able to)in order to avoid the possibility that the landlord fdes an eviction against them.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 paymenf under protest"on their check.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 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 may not necessar�y win in court.This can be a risky choice, because whenever a landlord files an eviction lawsuit against a tenant,it creates a permanent -----� -�- �-•�-- -----�--- �<.�- •--_....:.--