May I charge an application fee, late rent charge or a returned payment fee?
Application fee: Landlords may not charge an applicant more than the actual costs of a background check. The landlord must provide a receipt to the tenant for fees or deposits charged to hold a dwelling and also give a written description of the conditions under which the deposit may be returned.
Late Fees: Late fees should remain reasonable and related to the landlord's actual expenses incurred.
Returned Payments: With regards to returned payments, payees may collect reasonable handling fees; when not paid within 15 days, a collection cost not to exceed $40 or face amount of check, whichever is less and interest at 12% per year from date of dishonor. Wash. Rev. Code § 62A.3-515
Is it permitted to charge a per-diem late fee? There are no restrictions regarding the charge of a per day late fee, although, such charges should remain modest.
May I increase the amount of rent charged to my tenant or make changes to provisions in the lease?
Month-to-Month Agreements: If the landlord wants to change the provisions of a month-to-month rental agreement, for example: raising the rent or changing the rules; the tenant must be given at least 30 days notice in writing. (Less notice is not allowed under the law.) These changes can only become effective at the beginning of a rental period (the day the rent is due).
Rent Increases: The Landlord-Tenant Act does not place limits to how much rent may be increased, or how often. However, the landlord may never raise the rent in retaliation against a tenant.
Condominiums: If the landlord wishes to convert the rental property to a condominium the tenant must be given a 90-day notice.
Leases. Under a lease, in most cases, changes cannot
be made unless both landlord and tenant agree to the proposed change.
What is the maximum amount I can collect as a security deposit?
There are no restrictions on the maximum amount that may be collected as a security deposit.
Are there any special terms regarding the collection of a security deposit? Yes, the landlord must provide an inspection checklist signed by both parties stating the condition and cleanliness of the premises along with the written rental agreement. The conditions under which a deposit may be retained must also be described within the lease. Additionally, the landlord must place the deposit in a trust account within Washington State and give the tenant a receipt indicating the location.
IMPORTANT: If any type of fee or refundable deposit is being paid by the tenant, the rental agreement must be in writing.
My tenant has moved out, what do I do with their security deposit? A landlord is required to either mail or hand deliver a security deposit return, along with a written statement itemizing any deductions, to a tenants last known address
within 14 days after the tenant moves out.
However, the 14 day period begins on the date the landlord discovers that the tenant has vacated or abandoned the dwelling unit or the date the tenant vacated the unit provided the tenant gave notice to the landlord of that date.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage as well as including repair receipts and pictures.
How can I end a Washington lease agreement? A Periodic Lease may be terminated by either party giving the other a written notice at least 20 days prior to the end of the rental period.
A Fixed Term Lease generally terminates automatically on the last day of the lease period without any notice required from either party. However, the parties may agree in the lease that the tenant or landlord must give notice of an intent to either continue or end the tenancy.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable, or If the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
My tenant has not paid rent, how much notice do I have to give a tenant in order to evict them? Before a Summons and Complaint for eviction can be filed, a 3 day notice to pay or vacate is required. The day of posting does not count, nor does any day in which the court is not open such as holidays or weekends. After the 3 day notice is served, then a court proceeding can be initiated. If, however there are other violations such as failure to correct a violation of the rental agreement or lease; than a 10 day-written notice to comply or vacate would be necessary.
Destruction of property, causing a nuisance, conducting an illegal business or engaging in drug related activities would require a 3 days written notice.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
Can I require my tenants to obtain renter's insurance? The landlord
may not require the tenant to insure the premises, however, the landlord may encourage the tenant to purchase rental insurance.
How do I tell if my tenant has “skipped” out of the apartment?
Under the law, abandonment occurs when a tenant has both failed to pay rent PLUS has clearly indicated by words and/or actions an intention not to continue living in the leased premises.
What do I do with property left behind?
When the leased premises has been abandoned, the landlord may enter the unit and remove any abandoned property. This property must then be stored in a reasonably secure place. Landlord must send written notice that must be mailed to the tenant specifying where the property is being kept, and when it will be sold or disposed of. If the landlord does not have a new address for the tenant, the notice should be mailed to the leased premises, so it can be forwarded by the post office.
How long must the landlord wait before selling or disposing of the abandoned property?
That depends on the value of the goods. If the total value of the property is less than $250, 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.
The money raised by the sale of the property gets applied to any 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 hold it for the tenant for one year. If it is not claimed within that time, it belongs to the landlord.
Be careful: If a landlord takes a tenant's property and a court later determines there had not actually been an abandonment, the landlord could be ordered to pay the tenant for loss of the property, as well as paying any court and attorney costs.
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Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.
Do I have to give the tenant notice before I enter the rental property? The tenant shall not unreasonably with-hold consent to the landlord to enter
into the dwelling unit in order to inspect the premises, make necessary or
agreed repairs, decorations, alterations, or improvements, supply necessary or
agreed services, or exhibit the dwelling unit to, tenants, workers or contractors. The Landlord shall not abuse the right of access.
The landlord
may enter the dwelling unit without consent in cases of emergency. "Emergency"
means a sudden, generally unexpected occurrence or set of circumstances
demanding immediate action.
Important:To show the leased premises to prospective or actual buyers or tenants, the law says that tenants may not unreasonably refuse to allow the landlord to enter the rental when the landlord has given at least one-day's notice of intent to enter at a specified time.
Any provision in a rental agreement which allows the landlord to enter without such notice is not valid under the law.
Emergencies: In case of an emergency, or if the property has been abandoned, the landlord can enter without notice.
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Aside from the lease agreement, are there any additional documents necessary? Yes, If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet. The Mold Disclosure must also be provided to tenant.
Please Note: All Seattle rental properties must include the addendum
The Summary of Washington State and City of Seattle Landlord/Tenant Regulations.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.