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.
May I charge an application fee, late rent charge or a returned payment fee?
There are no restrictions or limits placed on the collection of an application fee and/or late fee, however, such fees should remain reasonable and related to the landlord's actual expenses incurred. With regards to returned payments , assessed fees should not exceed $40.
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? In the case of a periodic tenancy, the rent may be increased with 30 days advance written notice.
However, Seattle has limits on rental increases which state that 60 days notice is required if a landlord plans to increase rent by 10% or more within a 12 month period.
My tenant has moved out, what do I do with their security deposit? The landlord has 14 days after a tenant vacates to return the deposit, or give a written explanation of why it (or any part of it) was not refunded. If a landlord does not comply, the full amount of the deposit must be refunded to the tenant, regardless of any claims by the landlord that the tenant is not entitled to a refund.
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 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.
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?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
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? With 24 hours written notice, 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/improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, workers or contractors.
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.
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.