Landlord- Tenant Law

Washington State Attorney General’s Office

A Citizens’ Rights Publication

Landlord-

Tenant Law

LandLord-Tenant Law

Washington State Attorney General’s Office

Table of Contents

Who Is Covered By the Law 2

Exceptions 2

Rights of All Tenants 3

Moving In 3

Types of Rental Agreements 3

Illegal Provisions in Rental Agreements 4

Deposits and Other Fees 5

Refundable Deposits 5

Nonrefundable Fees 5

While You’re Renting 6

Landlord’s Responsibilities 6

Tenant’s Responsibilities 7

If the Landlord Wants to Make Changes 8

If the Property is Sold 8

Landlord’s Access to the Rental 9

If the Rental Needs Repairs 9

Illegal Actions of a Landlord 11

Moving Out 13

Proper Notice to Leave 13

Return of Deposits 14

Evictions 14

Abandonment 16

For Further Assistance 17

Who Is Covered By

the Law?

Most tenants who rent a place to live come

under the state’s Residential Landlord-Tenant

Act. However, certain renters are specically

excluded from the law. Furthermore, all tenants

have rights under other state laws – even those

who are not covered by the Residential Landlord-

Tenant Act.

Exceptions

Those who are generally not covered by the

Residential Landlord-Tenant Act are:

• Mobile home owners who rent space in a

mobile home park. These individuals are

usually covered by the state’s Manufactured/

Mobile Home Landlord-Tenant Act (RCW

59.20). This act applies only to situations

where a manufactured home owner rents a lot

space, or “pad,” for their home in a

manufactured housing community or park.

Renters of both a space and a mobile home

are usually covered by the Residential

Landlord-Tenant Act.

• Residents in hotels and motels.

• Residents of public or private medical,

religious, educational, recreational or

correctional institutions.

• Tenants with an earnest money agreement to

purchase the dwelling.

• Tenants who lease a single-family dwelling

with an option to purchase, if the tenant’s

attorney has approved the lease on its face.

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• Tenants who have signed a lease

option agreement but have not

yet exercised that option are still

covered.

• Residents of a single family

dwelling that is rented as part of a

lease for agricultural land.

• Residents of housing provided for

seasonal farm work.

• Tenants who are employed by

the landlord, when their

agreement species that they can

only live in the rental unit as long

as they hold the job (such as an apartment

house manager).

• Tenants who are leasing a single family

dwelling for one year or more, when their

attorney has approved the exemption.

• Tenants who are using the property for

commercial rather than residential purposes.

Rights of All Tenants

All tenants have these basic rights under other

state laws, regardless of whether they are covered

by the Residential Landlord-Tenant Act:

• Right to a livable dwelling.

• Protection from unlawful discrimination.

• Right to hold the landlord liable for damage

caused by the landlord’s negligence.

• Protection against lockouts and seizure of

personal property by the landlord.

Moving In

Types of Rental Agreements

A rental agreement between the landlord and

tenant sets down the terms that will be followed

while the tenant lives in the rental unit.

The following is a description of the two most

common types of rental arrangements: leases

and month-to-month rental agreements.

But whatever a rental agreement is called, it’s

important to read the document carefully to learn

its exact terms.

• Month-to-Month Agreement: This

agreement is for an indenite period of time,

with rent usually payable on a monthly basis.

The agreement itself can be in writing or oral,

but if any type of fee or refundable deposit is

being paid, the agreement must be in writing.

A month-to-month agreement continues until

either the landlord or tenant gives proper

notice to end it.

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The rent can be raised or the rules changed at

any time, provided the landlord gives the

tenant proper notice.

• Lease: A lease requires the tenant to stay

for a specic amount of time and restricts

the landlord’s ability to change the terms of the

rental agreement. A lease must be in writing to

be valid.

During the term of the lease, the rent cannot be

raised or the rules changed unless both

landlord and tenant agree.

A lease for more than one year must be

acknowledged like a deed.

Illegal Provisions in Rental Agreements

Some provisions that may appear in rental

agreements or leases are not legal and cannot be

enforced under the law. These include:

• A provision that waives any right given to

tenants by the Landlord-Tenant Act.

• A provision that tenants give up their right to

defend themselves in court against a landlord’s

accusations.

• A provision that limits the landlord’s liability

in situations where the landlord would

normally be responsible.

• A provision allowing the landlord to enter the

rental unit without proper notice (for complete

information on tenant’s right to privacy, see

page 7).

• A provision requiring a tenant to pay for all

damage to the unit, even if it is not caused by

tenants or their guests.

• A provision stating the tenant will pay

the landlord’s attorney’s fees under any

circumstances if a dispute goes to court.

• A provision that allows the

landlord to seize a tenant’s

property if the tenant falls behind

in rent.

• A provision giving the landlord

the right to resort to self-help

to remove a tenant. Gray, et. al.

v. Pierce County Housing

Authority, 97 P.3d 26 (Wash.

App. 2004)

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Deposits and Other Fees

When a new tenant moves in, the landlord often

collects money to cover such things as cleaning or

damage. The money collected may be refundable

or nonrefundable.

• Refundable Deposits: Under the Landlord-

Tenant Act, the term “deposit” can only be

applied to money which can be refunded to

the tenant. Typical types of deposits include

a damage deposit and a security deposit. If

a refundable deposit is being charged, the law

requires:

- The rental agreement must be in

writing. It must say what each deposit

is for and what the tenant must do in

order to get the money back.

- The tenant must be given a written

receipt for each deposit.

- A checklist or statement describing the

condition of the rental unit must be

lled out. Landlord and tenant must

sign it, and the tenant must be given a

signed copy. (The Attorney General’s

Ofce offers a free sample checklist for

this purpose.)

- The deposits must be placed in a trust

account in a bank or escrow company.

The tenant must be informed in writing

where the deposits are being kept.

Unless some other agreement has

been made in writing, any interest

earned by the deposit belongs to the

landlord.

For information on returning refundable deposits

when a tenant moves out, see page 14.

• Nonrefundable Fees: These will not be

returned to the tenant under any

circumstances. If a nonrefundable fee is being

charged, the rental agreement must be in

writing and must state that the fee will not be

returned. A nonrefundable fee cannot legally

be called a “deposit.”

- Screening Fees: a landlord may charge

a fee for obtaining background

information on someone who applies

to be a tenant. The fee must be

limited to the costs incurred by the

landlord in processing the application.

RCW 59.18.257

- Non-refundable Cleaning Fees: a

landlord may collect money as a

nonrefundable cleaning fee. The

collection of this fee must be in writing

and clearly state that it is

nonrefundable. A tenant who pays a

nonrefundable cleaning fee cannot be

charged for normal cleaning when

moving out. RCW 59.18.285

RCW 59.18.253

- Holding Fee: A holding fee can be

collected after a unit is offered to the

tenant. If the tenant takes the unit, the

holding fee must be applied towards

the security deposit or the rst month’s

rent.

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While You’re Living in

the Rental Unit

Landlord’s Responsibilities

Under the Landlord-Tenant Act, the landlord

must:

• Maintain the dwelling so it does not violate

state and local codes in ways that endanger the

tenant’s health and safety.

• Maintain structural components, such as roofs,

oors and chimneys, in reasonably good

repair.

• Maintain the dwelling in reasonably weather-

tight condition.

• Provide reasonably adequate locks and keys.

• Provide the necessary facilities to supply heat,

electricity and hot and cold water.

• Provide garbage cans and arrange for removal

of garbage, except in single family dwellings.

• Keep common areas, such as lobbies, stairways

and halls, reasonably clean and free from

hazards.

• Control pests before the tenant moves in. The

landlord must continue to control infestations

except in single family dwellings, or when the

infestation was caused by the tenant.

• Make repairs to keep the unit in the same

condition as when the tenant moved in (except

for normal wear and tear).

• Keep electrical, plumbing and heating systems

in good repair, and maintain any appliances

which are provided with the rental.

• Inform the tenant of the name and address of

the landlord or landlord’s agent.

• Set water heaters at 120 ° when a new tenant

moves in.

• Provide smoke detectors, and ensure they

work properly when a new tenant moves

in. (Tenants are responsible for maintaining

detectors.)

• Provide written notice of whether the building

has a re sprinkler system, an alarm system,

a smoking policy (and what that policy is),

an emergency notication and/or relocation

plan (and what that plan is), and an

emergency evacuation plan (and what that

plan is). RCW 59.18.060

• Investigate whether a tenant is engaging

in gang-related activity when another tenant

noties the landlord of gang-related activity

by serving a written notice and investigation

demand to the landlord. (See RCW

58.18.180(4))

• Replace a lock or congure an existing one for

a new key, at a tenant’s expense, when a

tenant requests for this to be done after

obtaining a court order that grants the tenant

possession of a rental unit and excludes a

former co-tenant. RCW 59.18.585

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Important Note: A landlord is not

responsible for the cost of correcting

problems that were caused by the

tenant.

Seattle Residents:

The city of Seattle imposes more

specic maintenance duties on

landlords than the Landlord-Tenant

Act, particularly in the areas of

building and dwelling unit security.

(See Seattle Housing and Building

Maintenance Code, SMC Chapter

22.206)

Tenant’s Responsibilities

Under the Landlord-Tenant Act, a tenant is

required to:

• Pay rent, and any utilities agreed upon.

• Comply with any requirements of city, county

or state regulations.

• Keep the rental unit clean and sanitary.

• Dispose of garbage properly.

• Pay for fumigation of infestations caused by

the tenant.

• Properly operate plumbing, electrical and

heating systems.

• Maintain smoke detectors, including replacing

batteries.

• Not intentionally or carelessly damage the

dwelling.

• Not engage in or allow any gang-related

activity (or allow others to do so), including

any activity that threatens or injures

individuals or their property within other

dwelling units. Various factors will be

considered in determining whether a tenant

is engaged in gang-related activity, including

complaints by other tenants to the landlord,

damages done to other tenants’ property,

harassment or threats to other tenants which

have been reported to police, and the tenant’s

criminal history. RCW 59.18.130

• Not engage in or allow others to engage in

illegal drug activity, physical assaults or

assaults with deadly weapons at the rental

premises. Being arrested for these types of

offenses may constitute a nuisance that could

result in eviction. RCW 59.18.180

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• Not permit “waste” (substantial damage to the

property) or “nuisance” (substantial

interference with other tenants’ use of their

property).

• When moving out, restore the dwelling to the

same condition as when the tenant moved in,

except for normal wear and tear.

If the Landlord Wants to Make Changes

Below are generalizations about the two most

common types of rental agreements. Be sure

to consult your rental documents to nd out

how changes can be made in the terms of your

agreement.

• Month-to-Month Agreements: If the

landlord wants to change the provisions of

a month-to-month rental agreement, such

as raising the rent or changing rules, the

tenant must be given at least 30 days notice

in writing. (Less notice is not allowed under

the law.)

If the landlord wishes to convert the unit to a

condominium the tenant must be given a 90-

day notice.

The Landlord-Tenant Act does not limit how

much rent can be raised, or how often.

However, the landlord cannot raise the rent to

retaliate against a tenant.

Seattle Residents:

The city requires that landlords who plan to

increase rent by 10% or more must give tenants

at least 60 days notice. These changes can only

become effective at the beginning of a rental

period (the day the rent is due).

Tenants of converted units whose incomes are

less than 80% of local median income and who

elect not to purchase their converted units are

entitled to $500 for relocation assistance per

unit.

• Leases: Under a lease, in most cases, changes

cannot be made unless both landlord and

tenant agree to the proposed change

or if the lease specically authorizes

the change.

If the Property is Sold

The sale of the property does not

automatically end a lease or month-

to-month rental agreement.

When a rental unit is sold, tenants

must be notied of the new

owner’s name and address, either

by certied mail, or by a revised

posting on the premises.

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All deposits paid to the original owner must be

transferred to the new owner, who must put them

in a trust or escrow account. The new owner must

promptly notify tenants where the deposits are

being held.

If the rental is being converted to a

condominium, the tenant must be given a 90-day

notice under state law.

Seattle residents:

If an owner of a single-family dwelling unit elects

to sell the dwelling unit, the current tenant must

be given at least 60 days prior written notice.

SMC 22.206.160(C)(1)(f)

Landlord’s Access to the Rental Unit

The landlord must give the tenant at least a two-

day notice of his intent to enter at reasonable

times. However, the law says that tenants must

not unreasonably refuse to allow the landlord

to enter the rental where the landlord has given

at least one-day’s notice of intent to enter at a

specied time to show the dwelling to prospective

or actual purchasers or tenants.

Any provision in a rental agreement that allows

the landlord to enter without such notice is not

valid under the law.

The law says that tenants shall not unreasonably

refuse the landlord access to repair, improve, or

service the dwelling.

However, a landlord may only enter at reasonable

times and may not abuse the right of access to

harass the tenant.

In case of an emergency, or if the property has

been abandoned, the landlord can enter without

notice.

If the Rental Needs Repairs

Required Notice: When something in the

rental unit needs to be repaired, the rst step

is for the tenant to give written notice of the

problem to the landlord or person who collects

the rent.

The notice must include the address and

apartment number of the rental, the name of

the owner, if known, and a description of the

problem.

It’s a good idea to deliver the notice personally,

or to use certied mail and get a return receipt

from the post ofce.

After giving notice, the tenant must wait the

required time for the landlord to begin making

repairs. Those required waiting times are:

• 24 hours for no hot or cold water, heat, or

electricity, or for a condition which is

imminently hazardous to life.

• 72 hours for repair of refrigerator, range and

oven, or a major plumbing xture supplied by

landlord.

• 10 days for all other repairs.

While not required to nish the repairs in these

time frames, the landlord must see that repairs

are completed promptly, and if completion

is delayed due to circumstances beyond the

landlord’s control, the condition must be repaired

as soon as possible.

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Tenant’s Options: If repairs are not started

within the required time and the tenant is paid

up in rent and utilities, the following options can

be used:

1. The tenant can move out. After waiting

the required time, the law allows tenants to

give written notice to the landlord and move

out immediately. Tenants do not have to pay

rent for any period following the date of

moving out and are entitled to a prorated

refund of their rent, as well as the deposits

they would normally get back.

2. Litigation or arbitration can be used

to work out the dispute. A tenant can hire

an attorney and go to court to force the

landlord to make repairs. (These kinds of suits

cannot be brought in Small Claims Court.) Or,

if the landlord agrees, the dispute can be

decided by an arbitration service. Arbitration

is usually less costly and quicker than going to

court.

3. The tenant can hire someone to make

the repairs. In many cases the tenant can

have the work done and then deduct the cost

from the rent. (This procedure cannot be used

to force a landlord to provide adequate

garbage cans.)

Before having any repairs made by any person

capable of doing the work, including a

licensed or registered tradesperson if one is

required, the tenant must submit a good-faith

estimate to the landlord. To speed up the

repair process, the estimate can be given

to the landlord along with the original written

notice of the problem.

When the required waiting period has ended

and the landlord has not begun repairs, the

tenant can contract with the lowest bidder to

have the work done. An Important Note: If

the repair is one that has a 10-day waiting

period, you cannot contract to have the work

done until 10 days after the landlord receives

notice, or ve days after the landlord receives

the estimate, whichever is later.

After the work is completed, the tenant pays

the repair person and deducts the cost from

the rent payment. The landlord must be given

the opportunity to inspect the work.

There are limits on the cost of repairs which

can be deducted. If a tenant contracts the

repair work out to a licensed or registered

person, or to a responsible person if no other

license is required, then the total cost of

repairs that may be deducted in this category

is no more than one month’s rent per each

repair, and no more than two months rent in

any 12 month period.

If a large repair that affects a number of

tenants needs to be made, the tenants can join

together, follow the proper procedure, and

have the work done. Then each can deduct

a portion of the cost from their rent. If tenants

wish to do this, they should all join in the

written notice to repair and should all wait the

required time period.

Remember: a tenant must be current in rent

and utilities payments to use this procedure.

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4. The tenant can make the

repairs and deduct the

cost from the rent, if

the work does not require

a licensed or registered

tradesperson. The tenant

must give the landlord proper

notice of the problem as outlined

on page 9. Then, if the landlord

does not begin repairs within the

required time, the tenant can

make the repairs. The cost of

materials and labor can be

deducted from the rent.

To use this procedure, the cost of

the repairs cannot be more than half a

month’s rent. And within any 12-month

period, the tenant can only deduct a total of

one month’s rent.

The landlord must be given the chance to

inspect the repairs. Work must be properly

done and meet local codes. The tenant could

be held responsible for inadequate repair

work.

5. Rent in Escrow. After notice of defective

conditions, and after appropriate government

certication of defect, and the waiting periods

have passed, then tenants may place their

monthly rent payments in an escrow account.

This procedure is very technical and cannot be

described in full here. For copies of the law

(RCW 59.18.115), write to the Code Revisor’s

Ofce, or consult your attorney.

Illegal Actions of a Landlord

The law prohibits a landlord from taking certain

actions against a tenant. These illegal actions

include:

Lockouts: The law prohibits landlords from

changing locks, adding new locks, or otherwise

making it impossible for the tenant to use the

normal locks and keys. Even if a tenant is

behind in rent, such lockouts are illegal.

A tenant who is locked out can le a lawsuit

to regain entry. Some local governments

also have laws against lockouts and can help a

tenant who has been locked out of a rental. For

more information, contact your city or county

government.

Utility Shutoffs: The landlord may not shut

off utilities because the tenant is behind in

rent, or to force a tenant to move out. Utilities

may only be shut off by the landlord so that

repairs may be made, and only for a reasonable

amount of time.

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If a landlord intentionally does not pay utility

bills so the service will be turned off, that could

be considered an illegal shutoff.

If the utilities have been shut off by the

landlord, the tenant should rst check with the

utility company to see if it will restore service.

If it appears the shutoff is illegal, the tenant

can le a lawsuit. If the tenant wins in court,

the judge can award the tenant up to $100

per day for the time without service, as well as

attorney’s fees.

Taking the tenant’s property: The law

allows a landlord to take a tenant’s property

only in the case of abandonment.

A clause in a rental agreement that allows

the landlord to take a tenant’s property in other

situations is not valid.

If the landlord does take a tenant’s property

illegally, the tenant may want to contact the

landlord rst. If that is unsuccessful, the police

can be notied. If the property is not returned

after the landlord is given a written request, a

court could order the landlord to pay the

tenant up to $100 for each day the property is

kept (to a total of $1,000).

Renting condemned property: The

landlord may not rent units which are

condemned or unlawful to occupy due to

existing uncorrected code violations. The

landlord can be liable for three months rent or

treble damages, whichever is greater, as well

as costs and attorney’s fees for knowingly

renting the property. If a tenant terminates the

tenancy as a result of the conditions, the tenant

can recover any prepaid deposit and all prepaid

rent.

Retaliatory actions: If a tenant exercises

rights under the law, such as complaining to a

government authority or deducting for repairs,

the law prohibits the landlord from taking

retaliatory action.

Examples of retaliatory actions

are raising the rent, reducing

services provided to the tenant, or

evicting the tenant.

The law initially assumes that

these steps are retaliatory if

they occur within 90 days after

the tenant’s action, unless the

tenant was in some way violating

the statute when notice of the

change was received.

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If the matter is taken to court and the judge

nds in favor of the tenant, the landlord can be

ordered to reverse the retaliatory action, as

well as pay for any harm done to the tenant

and pay the tenant’s attorney’s fees.

Moving Out

Proper Notice to Leave

When a tenant wants to move out of a rental

unit, it is important that the proper kind of

notice be given to the landlord. The following

discusses how to end the two most common types

of rental agreements. However, it is important

that tenants check their own rental agreements

to determine what kind of notice must be given

before they move out.

Month-to-Month Rental Agreements:

When a tenant wants to end a month-to-month

rental agreement, written notice must be given

to the landlord. The notice must be received at

least 20 days before the end of the rental period

(the day before rent is due). The day on which

the notice is delivered does not count. A landlord

cannot require a tenant to give more than 20

days notice when moving out.

What if a tenant moves out without giving proper

notice? The law says the tenant is liable for rent

for the lesser of: 30 days from the day the next

rent is due, or 30 days from the day the landlord

learns the tenant has moved out. However, the

landlord has a duty to try and nd a new renter.

If the dwelling is rented before the end of the 30

days, the former tenant must pay only until the

new tenant begins paying rent.

When a landlord wants a month-to-month renter

to move out, a 20-day notice is required.

Leases: If the tenant moves out at the expiration

of a lease, in most cases it is not necessary to give

the landlord a written notice. However, the lease

should be consulted to be sure a formal notice is

not required.

If a tenant stays beyond the expiration of the

lease, and the landlord accepts the next month’s

rent, the tenant then is assumed to be renting

under a month-to-month agreement.

A tenant who leaves before a lease expires is

responsible for paying the rent for the rest of the

lease. However, the landlord must make an effort

to re-rent the unit at a reasonable price. When

the dwelling is re-rented, the original tenant is

only liable for the rent during the time reasonably

necessary to re-rent the dwelling, plus any

difference between the re-rental price and the

original rental price, as well as any costs incurred

by the landlord in re-renting the dwelling. If this

is not done, the tenant may not be liable for rent

beyond a reasonable period of time.

Exception for Victims of Assault or

Domestic Violence: A tenant who is the

victim of certain threats by other tenants, threats

or assaults by the landlord, or violations of

domestic violence protection orders may be able

to terminate the rental agreement immediately.

There are specic guidelines that must be

followed. For further information consult the

website www.washingtonlawhelp.org. RCW

59.18.18.352, RCW 59.18.354, RCW 59.18.356

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Exception for Members of Armed Forces:

Tenants who are members of the Armed Services

may terminate a month-to-month tenancy or a

lease with less than 20 days notice if they receive

assignment orders that do not allow for giving a

20-day notice. In the event of a lease, the tenant

must give 7 days notice to the landlord of the

reassignment or deployment order.

RCW 59.18.200

Return of Deposits

After a tenant moves out, a landlord has 14 days

to either return deposits, or give the tenant a

written statement of why all or part of the money

is being kept. It is advisable for the tenant to

leave a forwarding address with the landlord

when moving out.

Under the law, the rental unit must be restored to

the same condition as when the tenant moved in,

except for normal wear and tear. Deposits cannot

be used to cover normal “wear and tear,” or

damage that existed when the tenant moved in.

(Under the law, a damage checklist should have

been lled out when the tenant moved in.)

The landlord is in compliance with the law if

the required payment, statement, or both, are

deposited in the U.S. mail with rst-class postage

paid within 14 days. If the tenant takes the

landlord to court, and it is ruled that the landlord

intentionally did not give the statement or return

the money, the court can award the tenant up to

twice the amount of the deposit.

Evictions

When a landlord wants a tenant to move out,

certain procedures must be followed. This section

discusses why landlords can evict tenants, and

what methods must be used.

There are four types of evictions under the law,

each requiring a certain type of notice:

• For not paying rent: If the tenant is even

one day behind in rent, the landlord can issue

a three day notice to pay or move out. If the

tenant pays all the rent due within three days,

the landlord must accept it and cannot evict

the tenant. A landlord is not required to accept

a partial payment

• For not complying with the terms of the

rental agreement: If a tenant is not

complying with the rental agreement (for

example, keeping a cat when the agreement

species “no pets”), the landlord can give

a ten-day notice to comply or move out. If the

tenant remedies the situation within that

time, the landlord cannot continue the eviction

process.

• For creating a “waste or nuisance”: If

a tenant destroys the landlord’s property; uses

the premises for unlawful activity including

gang activities or drug-related activities;

damages the value of the property; interferes

with other tenants’ use of the property; the

landlord can issue a three-day notice to move

out. The tenant must move out after receiving

this type of notice. There is no option to stay

and correct the problem. A special exception is

made for federally assisted drug-free and

alcohol-free housing. A landlord of federally

assisted drug-free and alcohol-free housing

can evict a tenant if the tenant uses alcohol

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or illegal drugs by giving the

tenant a written notice stating

that the rental agreement

terminates in three days.

However, the tenant can

avoid eviction if the tenant

cures the violation within one

day from receiving the notice. If

a substantially similar violation

occurs within six months, the

landlord may terminate the

tenancy with a three day eviction

notice and then the tenant has no

opportunity to cure the violation.

RCW 59.18.550

• For no cause: Landlords can evict month-

to-month tenants without having or stating a

particular reason, as long as the eviction is not

discriminatory or retaliatory. There are

various exceptions to this rule.

Seattle Residents:

Landlord can only evict tenants for good cause.

There are good cause requirements for public and

subsidized housing. If you have questions about

your rights, contact one of the agencies listed at

the end of this document.

If the landlord wants a tenant to move out and

does not give a reason, the tenant must be given

a 20-day notice to leave. The tenant must receive

the notice at least 20 days before the next rent

is due.

The tenant can only be required to move out at

the end of a rental period (the day before a rental

payment is due).

Usually, a 20-day notice cannot be used if the

tenant has signed a lease. Check the specic

rental document to determine if a lease can be

ended this way.

If the rental is being converted to a

condominium, the tenant must be given a 90-day

notice under state law.

If a tenant refuses to move: For a landlord

to take legal action against a tenant who does not

move out, the landlord must rst give written

notice to the tenant in accordance with the

law (RCW 59.12.040). The landlord’s options

include personal service, service by mail, and

service by posting notice in a prominent place

on the premises. See the statute to ensure strict

compliance.

If the tenant continues to occupy the rental

in violation of a notice to leave, the landlord

must then go to court to begin what is called an

“unlawful detainer” action.

Washington State Attorney General’s Office

LandLord-Tenant Law

If the court rules in favor of the landlord, the

sheriff will be instructed to move the tenant

out of the rental if the tenant does not leave

voluntarily. The only legal way for a landlord to

physically move a tenant out is by going through

the courts and the sheriff’s ofce.

Abandonment

Under the law, abandonment occurs when a

tenant has both fallen behind in rent AND has

clearly indicated by words or actions an intention

not to continue living in the rental.

When a rental has been abandoned, the landlord

may enter the unit and remove any abandoned

property. It must then be stored in a reasonably

secure place. A notice must be mailed to the

tenant saying where the property is being stored,

and when it will be sold. If the landlord does not

have a new address for the tenant, the notice

should be mailed to the rental address, so it can

be forwarded by the post ofce.

How long does the landlord wait before selling

the abandoned property depends on the value of

the goods?

If the total value of the property is less than $50,

the landlord must mail a notice of the sale to the

tenant and then wait seven days. Family pictures,

keepsakes, and personal papers cannot be sold

until 45 days after the landlord mails the notice

of abandonment.

If the total value of the property is more than

$50, the landlord must mail a notice of the sale

to the tenant and then wait 45 days. Personal

papers, family pictures and keepsakes can be sold

at the same time as other property.

If the tenant demands the return of the property

before it is sold or disposed of, the landlord must

return it, but may force the tenant to pay moving

and storage costs. The landlord may not force

the tenant to pay any back rent or other damages

prior to returning the property.

If the property is sold, the money

raised by the sale of the property

goes to cover money owed to the

landlord, such as back rent and the

cost of storing and selling the goods.

If there is any money left over, the

landlord must keep it for the tenant

for one year. If it is not claimed

within that time, it belongs to the

landlord.

If a landlord takes a tenant’s

property and a court later

determines there had not actually

been abandonment, the landlord

Washington State Attorney General’s Office

LandLord-Tenant Law

could be ordered to compensate the tenant for

loss of the property, as well as paying court and

attorney costs.

Within 14 days of learning of abandonment, the

landlord is responsible for either returning a

tenant’s deposit or providing a statement of why

the deposit is being kept.

Where to Go With

Questions And

Complaints

Role of the Attorney General’s Ofce

In a 1985 decision (State v. Schwab). the

Washington Supreme Court ruled that

Washington State’s Consumer Protection Act

does not apply to residential tenancies. As a

result, the Attorney General’s Ofce Consumer

Protection Division does not process complaints

related to residential landlord-tenant disputes.

In a 2001 Appellate Court decision (Ethridge

v. Hwang,) the court held that the Consumer

Protection Act applies to mobile/manufactured

home tenancies. Consequently, the Attorney

General’s Ofce does accept and mediate

complaints concerning tenancies from

individuals who are mobile/manufactured home

owners and are renting space for their homes. As

an added note, these individuals are covered by

the state’s Manufactured/Mobile Home Landlord

-Tenant Act (RCW 59.20) but are not usually

covered by the Residential Landlord-Tenant Act.

Washington State Attorney General’s Office

For further information

on the law:

Statewide Information:

• The Attorney General’s Consumer Line

Information Service has recorded tapes on

landlord-tenant topics. In Washington, call

1-800-692-5082.

• The following website has very good resources

for tenants: www.washingtonlawhelp.org.

• You may be eligible for free legal assistance

through Northwest Justice Project’s (NJP)

Coordinated Legal Education Advice and

Referral Service (CLEAR). To learn whether

you qualify, call the NJP at (206)464-1519 if

you live in King County or call CLEAR at

1-888-201-1014 if you live outside King

County.

Low income housing:

Department of Housing and Urban

Development

909 First Ave.

Suite 190

Seattle, WA 98104

(206) 220-5205

www.hud.gov

For legal assistance in settling disputes:

If you need low cost legal assistance, contact the

Washington State Bar Association, or your county

bar association and ask about its lawyer referral

program. Many communities offer low cost legal

clinics. Check with local service agencies to nd

the one nearest you.

LandLord-Tenant Law

Complaints about discrimination:

Washington State Human Rights

Commission

1511 Third Ave.

Suite 921

Seattle, WA 98101

(206) 464-6500

Toll-free: 1-800-233-3247

www.hum.wa.gov

Local Resources and Information:

Benton-Franklin Counties

Benton-Franklin Community Action

Committee

(509) 545-4042

www.bfcac.org

Pierce County

Housing Services - Pierce County

Community Services

(253) 798-7038 (income limits may apply)

http://www.co.pierce.wa.us/pc/Abtus/ourorg/

comsvcs/housing/html/1ll-t.htm

Pierce County Community Action

(253)798-6937 ext. 5574

Dispute Resolution Center of Pierce

County

(253)572-3657

King County

Bellevue Neighborhood Mediation

Program

(425) 452-4091

www.cityofbellevue.org

King County Dispute Resolution Center

(206) 443-9603

www.kcdrc.org

King County Bar Association – Housing

Justice Project

(206) 267-7090

www.kcba.org

The Tenants Union

(206) 723-0500

www.tenantsunion.org

Legal Action Center

206 – 324 - 6890

Solid Ground

206-694-6767

Seattle Department of Planning and

Development

206-684-7899

Skagit County

Skagit County Ofce of Mediation Services

(360) 336-9494

[email protected]

Snohomish County

Dispute Resolution Center of Snohomish

County

(425) 339-1335

www.wshfc.org/managers/landlord-tenant.htm

Spokane

The Dispute Resolution Center of Spokane

(509) 326-8029

Washington State Attorney General’s Office

LandLord-Tenant Law

Volunteers of America

(509) 624-2378

[email protected]

Kennewick

Columbia Basin Apartment

Association

(509) 783-1800

[email protected]

Whatcom County

Whatcom County Opportunity

Council

(360) 734-5121 From Bellingham

(360) 384-1470 County-Wide

www.oppco.org

Yakima

Housing Service Center

(509) 575-6101

Complaints and inquiries about

housing codes:

Call your local city or county zoning or building

departments.

Also, contact your local Human Rights

Commission or Housing Department.

Washington State Attorney General’s Office

Notes

Landlord-Tenant Law

The Attorney General’s Ofce provides

information and informal mediation to consumers

and businesses. If you have a question or want

assistance resolving a problem, please contact one

of the Consumer Resource Centers listed.

The Attorney General is prohibited from acting

as a private attorney on an isolated complaint. If

your complaint demands immediate legal action,

you should consider private legal action in Small

Claims Court (no attorney necessary) if your claim

is under $4,000. If your complaint involves more

than $4,000, you should seek a private attorney.

You might also consider arbitration.

Provided courtesy of

Rob McKenna,

Attorney General of the

State of Washington

CONSUMER RESOURCE CENTERS

OFFICE OF THE ATTORNEY GENERAL

Web site http://www.atg.wa.gov

Statewide (800) 551-4636

Bellingham (360) 738-6185

Seattle (206) 464-6684

Tacoma (253) 593-2904

Vancouver (360) 759-2150

CONSUMERLINE has taped information on a number of consumer related issues.

Residents in Washington can call (800) 692-5082.

FOR FURTHER INFORMATION

The Attorney General’s Ofce has a policy of providing equal access to its services. If you need to receive the

information in this brochure in an alternate format, please call (206) 464-668