Landlord Tenant Tidbits
If you are a landlord or a tenant, you should take the time to read the Washington State Landlord Tenant Act. You can find it at Revised Code of Washington 59.18. The act explains in detail many aspects of the landlord tenant relationship. Here are some tidbits.
Unless the rental period is for more than one year, it isn't necessary to have a written rental agreement, but it is highly advised. If you do have a written rental agreement for a specific period of time, it converts to a month-to-month rental if it isn't renewed for a new period of time.
Deposits and fees are not the same thing. In Washington, there is no such thing as a "non-refundable deposit." Any funds retained by the landlord designated as a "deposit" are partially or fully refundable as per the language in the agreement. A "fee" is not refundable. So if you are a landlord who wants to take and keep a flat fee for allowing your tenant to have a dog, make sure your rental agreement says "Non-Refundable Pet Fee," and not "Pet Deposit." You are not allowed to collect any deposit unless you have a written rental agreement and a written checklist describing the condition of the premises.
The landlord must explain in writing what, if any, of the deposit is retained after the tenant moves out. The landlord must do this within 14 days of the tenant vacating the premises. If the landlord fails to give the written explanation within the 14-day period, the landlord is not allowed to retain any of the deposit.
The act details different time frames for different issues. The landlord must give the tenant at least three days notice to terminate the rental agreement for lack of payment of rent, and 30 days notice to increase the amount of rent in a month-to-month arrangement. Both parties are required to give the other at least 20 days notice to terminate the tenancy in a month-to-month arrangement, and that's 20 days prior to the end of the next rental period, usually the end of the month.
If the home you rent to others has a homeowners association with by-laws, make sure to provide a copy of the by-laws to your tenant and make it part of your rental agreement. Regardless of whether you are a landlord or tenant, it is important to take the time to read the Act and be informed.
Visit apps.leg.wa.gov/rcw/ and follow the link to Title 59 for Landlord and Tenant.
Disclaimer of Liability: This information is only provided to increase awareness of issues surrounding landlord and tenant relationships. While the information provided is about legal issues, it is not legal advice or legal representation.
Richard P. Patrick is a local Gig Harbor Attorney. His office is located at 5358 33rd Ave NW Suite 102, Gig Harbor, WA 98335. (253) 858-6800 richardpatricklaw.com
