Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court. These courts do not hear eviction cases, though. (f) A tenant may end a tenancy for a specified time by providing notice in writing not less than 20 days prior to the ending date of the specified time. (3) "Landlord" has the same meaning as defined in RCW, (4) "Prospective landlord" has the same meaning as defined in RCW. landlord harassment (5) In all other cases the judgment may be enforced immediately. (2)(a) Whenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least 90 days before the tenancy ends to effectuate such change in policy. THE SHERIFF WILL NOT CEASE ACTION UNLESS YOU PROVIDE A COPY OF THE AGREEMENT. The incident(s) that I rely on in support of this declaration were committed by the following person(s): . . A landlord must follow certain procedures to terminate a tenancy. In any action brought by displaced tenants to recover any payments or damages required or authorized by this subsection (3)(e) or (c) of this subsection that are not paid by the landlord or advanced by the city, town, county, or municipal corporation, the displaced tenants shall also be entitled to recover their costs of suit or arbitration and reasonable attorneys' fees. If no claim is made or action commenced by the tenant for the recovery of the excess income prior to the expiration of that period of time, then the balance shall be treated as abandoned property and deposited by the landlord with the department of revenue pursuant to *chapter. . (2) The party initiating arbitration under subsection (1) of this section shall give reasonable notice to the other party or parties. (d) A tenant who has been served with three or more notices to pay or vacate for failure to pay rent as set forth in RCW, (e)(i) In any application seeking relief pursuant to this subsection (3) by either the tenant or landlord, the court shall issue a finding as to whether the tenant is low-income, limited resourced, or experiencing hardship to determine if the parties would be eligible for disbursement through the landlord mitigation program account established within *RCW, (ii) After a finding that the tenant is low-income, limited resourced, or experiencing hardship, the court may issue an order: (A) Finding that the landlord is eligible to receive on behalf of the tenant and may apply for reimbursement from the landlord mitigation program; and (B) directing the clerk to remit, without further order of the court, any future payments made by the tenant in order to reimburse the department of commerce pursuant to *RCW, (iii) If the department of commerce fails to disburse payment to the landlord for the judgment pursuant to this subsection (3)(e) within thirty days from submission of the application, the landlord may renew an application for a writ of restitution pursuant to RCW. You can find your nearest dispute resolution center at https://www.resolutionwa.org. unlawful harassment as defined by RCW. (3) The notice to the landlord of the rent escrow under this section shall be a sworn statement by the tenant in substantially the following form: The following condition has been certified by a local building official to substantially endanger, impair, or affect the health or safety of a tenant: That written notice of the conditions needing repair was provided to the landlord on . It shall be unlawful for a tenant to intentionally cause the loss of utility services provided by the landlord, including water, heat, electricity, or gas, excepting as resulting from the normal occupancy of the premises. (b) The tenant continues in possession after substantial breach of a material program requirement of subsidized housing, material term subscribed to by the tenant within the lease or rental agreement, or a tenant obligation imposed by law, other than one for monetary damages, and after the landlord has served written notice specifying the acts or omissions constituting the breach and requiring, in the alternative, that the breach be remedied or the rental agreement will end, and the breach has not been adequately remedied by the date specified in the notice, which date must be at least 10 days after service of the notice; (c) The tenant continues in possession after having received at least three days' advance written notice to quit after he or she commits or permits waste or nuisance upon the premises, unlawful activity that affects the use and enjoyment of the premises, or other substantial or repeated and unreasonable interference with the use and enjoyment of the premises by the landlord or neighbors of the tenant; (d) The tenant continues in possession after the landlord of a dwelling unit in good faith seeks possession so that the owner or his or her immediate family may occupy the unit as that person's principal residence and no substantially equivalent unit is vacant and available to house the owner or his or her immediate family in the same building, and the owner has provided at least 90 days' advance written notice of the date the tenant's possession is to end. (1) If a court or an arbitrator determines that: (a) A landlord has failed to carry out a duty or duties imposed by RCW, (b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord in accordance with RCW. Penalties for Harassment in Washington State Anyone who is found guilty of harassment can be charged with a gross misdemeanor. (c) In determining probable cause, the judge is not limited to evidence of specific knowledge, but may also consider any of the following: (i) The age and general condition of the premises; (ii) Previous violations or hazards found present in the premises; (iv) The purposes for which the premises are used; or. (5) "Public health emergency" refers to the governor of the state of Washington's proclamation 20-05, proclaiming a state of emergency for all counties throughout Washington state on February 29, 2020, and any subsequent orders extending or amending such proclamation due to COVID-19 until the proclamation expires or is terminated by the governor of the state of Washington. (e) Displaced tenants shall be entitled to recover any relocation assistance, prepaid deposits, and prepaid rent required by (b) of this subsection. (21) "Person" means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity. . The certification may be appealed to the local board of appeals, but the appeal shall not delay or preclude the tenant from proceeding with the escrow under this section. (b) If the insurer or any other collector seeks reimbursement from the tenant pursuant to any subrogation rights available to the insurer, with any request for reimbursement, the party must provide the tenant by first-class mail, and email if available, at the last known address as provided by the landlord: (i) All documentation or other evidence submitted by the landlord for reimbursement by the insurer; (ii) All documentation or evidence of repair costs that the landlord submitted to the insurer; (iii) A copy of the settled claim that documents payments made by the insurer to the landlord; and. The prevailing landlord or tenant may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys' fees. (5) This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge or prohibit volunteer disclosure by an applicant of any victim circumstances. (2) No rental agreement may provide that the tenant: (a) Agrees to waive or to forgo rights or remedies under this chapter; or, (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or, (c) Agrees to pay the landlord's attorneys' fees, except as authorized in this chapter; or, (d) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith; or, (e) And landlord have agreed to a particular arbitrator at the time the rental agreement is entered into; or, (f) Agrees to pay late fees for rent that is paid within five days following its due date. (a) No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. "Reprisal or retaliatory action" shall mean and include but not be limited to any of the following actions by the landlord when such actions are intended primarily to retaliate against a tenant because of the tenant's good faith and lawful act: (b) Increasing the rent required of the tenant; (c) Reduction of services to the tenant; and. (5) As used in this section, "source of income" includes benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity. (1) Subject to the availability of amounts appropriated for this specific purpose, the court must appoint an attorney for an indigent tenant in an unlawful detainer proceeding under this chapter and chapters. You must pay the total amount due to your landlord within fourteen (14) days after service of this notice or you must vacate the premises. (2) The office of the attorney general shall also provide on its website information on where tenants can access legal or advocacy resources, including information on any immigrant and cultural organizations where tenants can receive assistance in their primary language. If a landlord knowingly uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her, statutory damages not to exceed two times the monthly rent charged for the unit, costs of suit, and reasonable attorneys' fees. (c) If a landlord and tenant enter into a rental agreement for a specified period in which the tenancy by the terms of the rental agreement does not continue for an indefinite period on a month-to-month or periodic basis after the end of the specified period, the landlord may end such a tenancy without cause upon expiration of the specified period only if: (i) At the inception of the tenancy, the landlord and tenant entered into a rental agreement of 12 months or more for a specified period, or the landlord and tenant have continuously and without interruption entered into successive rental agreements of six months or more for a specified period since the inception of the tenancy; (ii) The landlord has provided the tenant before the end of the specified period at least 60 days' advance written notice that the tenancy will be deemed expired at the end of such specified period, served in a manner consistent with RCW. . If a writ of restitution shall have been executed prior to judgment no further writ or execution for the premises shall be required. (v) The court shall extend the writ of restitution as necessary to enforce the order issued pursuant to this subsection (3)(c) in the event of default. The landlord shall accept any written pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of both the amount of rent due, including any current rent, and other amounts if required under this subsection. (34) A "tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. (2) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of chapter. (3) Except as otherwise provided in this section, the arbitration process shall be administered by any arbitrator agreed upon by the parties at the time the dispute arises: PROVIDED, That the procedures shall comply with the requirements of chapter, (1) Unless otherwise mutually agreed to, in the event a controversy arises under RCW, (2) The arbitrator so designated shall schedule a hearing to be held no later than ten days following receipt of notice of the controversy, except as provided in RCW. Washington landlords can raise the rent by any amount, as often as they choose, but they must comply with: Increase Notice. (6)(a) If a landlord brings an action for the release of rent deposited, the court may, upon application of the landlord, release part of the rent on deposit for payment of the debt service on the premises, the insurance premiums for the premises, utility services, and repairs to the rental unit. . The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent either by making individual payments by certified check to displaced tenants or by providing a certified check to the governmental agency ordering condemnation, eviction, or displacement, for distribution to the displaced tenants. If a tenant seeks to restore his or her tenancy and pay the amount set forth in this subsection with funds acquired through an emergency rental assistance program provided by a governmental or nonprofit entity, the tenant shall provide a copy of the pledge of emergency rental assistance provided from the appropriate governmental or nonprofit entity and have an opportunity to exercise such rights under this subsection, which may include a stay of judgment and provision by the landlord of documentation necessary for processing the assistance. Any rights the tenant and landlord have under this chapter with respect to rent owing equally apply under this subsection. . (4) The provisions of this section shall not: (a) Create a relationship of employer and employee between landlord and tenant; or, (b) Create liability under the workers' compensation act; or, (c) Constitute the tenant as an agent of the landlord for the purposes of **RCW. (iii) A conspicuous statement that the designation remains in effect until it is revoked in writing by the tenant or replaced with a new designation. If you do not make all payments or you damage the premises beyond wear resulting from its ordinary use, you may be required by the landlord, an insurance company, or a debt collector to pay the unpaid amounts, including costs of repairing the damages in excess of wear resulting from ordinary use of the premises. Spokane is currently considering a number of local housing ordinances, including one to implement a just cause standard for evictions. Also, Washington allows individual counties to raise or lower the aforementioned filing limits. Arraignment No-contact order. A tenant seeking to exercise rights under this subsection shall pay an additional fifty dollars for each time the tenant was reinstated after judgment pursuant to this subsection within the previous twelve months prior to payment. . (5) The prevailing party shall recover reasonable attorneys' fees and costs. (7)(a) The landlord shall provide written notification of his or her intent to enter an individual unit for the purposes of providing a local municipality with a certificate of inspection in accordance with RCW, (b) A tenant who continues to deny access to his or her unit is subject to RCW. (Attorney/Landlord Name), . (d) For all other tenancies of a specified period not covered under (b) or (c) of this subsection, and for tenancies of an indefinite period on a month-to-month or periodic basis, a landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section. Whenever there is a lease, either verbal or written, Washington laws (Revised Code of Washington Chapter 59.18) allow tenants to obtain certain rights, for example, the right to obtain receipts for every payment and the right to know where the security deposit is being held. This section does not release a cotenant, other than a household member who is the victim of domestic violence, sexual assault, or stalking, from liability or obligations under the rental agreement. (Defendant's Address), (1) A statement that you are appearing in the court case, (2) Names of the landlord(s) and the tenant(s) (as listed above), (3) Your name, your address where legal documents may be sent, your signature, phone number (if any), and case number (if the case is filed), This case is / is not filed with the court. (5) This section shall apply to this chapter and chapter, (1) Every 14-day notice served pursuant to RCW. GET HELP: If you do not respond by the deadline above, you will lose your right to defend yourself or be represented by a lawyer if you cannot afford one in court and could be evicted. (3) If offered by your landlord, paying a monthly deposit waiver fee instead of a security deposit. (2) When the tenant is liable for unlawful detainer after a default in the payment of rent, execution upon the judgment shall not occur until the expiration of five court days after the entry of the judgment. (g) This section, when elected as a remedy by the tenant by sending the notice under subsection (3) of this section, shall be the exclusive remedy available to the tenant regarding defects described in the certification under subsection (2)(d) of this section: PROVIDED, That the tenant may simultaneously commence or pursue an action in an appropriate court, or at arbitration if so agreed, to determine past, present, or future diminution in rental value of the premises due to any defective conditions. (ii) If a prospective landlord conducts his or her own screening of tenants, the prospective landlord may charge his or her actual costs in obtaining the background information only if the prospective landlord provides the information as required in (a) of this subsection. A written record of a report signed by a qualified third party must be substantially in the form specified under subsection (1)(b) of this section. . (1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. If rent is more than five days past due, the landlord may charge late fees commencing from the first day after the due date until paid. . The escrow shall release the funds to the landlord less any escrow costs for which the tenant is entitled to reimbursement pursuant to this section, immediately upon written receipt of the local government certification that the repairs to the conditions listed in the notice under subsection (3) of this section have been properly completed. (3) Any landlord or prospective landlord who violates subsection (1) of this section may be liable to the prospective tenant for an amount not to exceed one hundred dollars. . A landlord must follow certain procedures to terminate a tenancy. (d) The local government or its designee shall certify whether the condition or the conditions specified by the tenant do exist and do make the premises substantially unfit for human habitation or can be a substantial risk to the health and safety of the tenant as described in (a) of this subsection. . (15) "In danger of foreclosure" means any of the following: (a) The homeowner has defaulted on the mortgage and, under the terms of the mortgage, the mortgagee has the right to accelerate full payment of the mortgage and repossess, sell, or cause to be sold the property; (b) The homeowner is at least 30 days delinquent on any loan that is secured by the property; or. Crimes included in harassment. . (b)(i) The landlord may charge a prospective tenant for costs incurred in obtaining a tenant screening report only if the prospective landlord provides the information as required in (a) of this subsection. (9) A penalty for noncompliance under this section may be assessed by a local municipality. IMPORTANT: IF YOU CHOOSE TO PAY A RECURRING MONTHLY FEE INSTEAD OF A SECURITY DEPOSIT: (1) YOU ARE NOT AN INSURED PARTY UNDER THE INSURANCE POLICY PURCHASED BY THE LANDLORD USING YOUR FEES; (2) YOU ARE NOT A BENEFICIARY TO ANY INSURANCE COVERAGE OR ANY INSURANCE BENEFITS UNDER THE INSURANCE POLICY THAT THE LANDLORD PURCHASES USING YOUR FEES; AND. . After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. . The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW. (27) "Reasonable attorneys' fees," where authorized in this chapter, means an amount to be determined including the following factors: The time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, and the experience, reputation and ability of the lawyer or lawyers performing the services. Weblandlord seriously violates his or her obligations under the rental agreement, a tenant may be able to terminate the tenancy without liability. If the tenant cures the violation within the one-day period, the rental agreement does not terminate. (4) The common law right of the landlord of distress for rent is hereby abolished for property covered by this chapter. (3) If a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met. . (4)(a) A fee or deposit to hold a dwelling unit or secure that the prospective tenant will move into a dwelling unit, as authorized under RCW. Web(1) A person is guilty of harassment if: (a) Without lawful authority, the person knowingly threatens: (i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property of This act shall take effect on August 1, 1989, and shall apply to landlord-tenant relationships existing on or entered into after the effective date of this act. 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