wa-law.org > bill > 2023-24 > SB 5961 > Original Bill
The legislature finds that:
The state is in the midst of a housing affordability crisis. Homes cannot be built fast enough to meet the urgent need to keep families, seniors, and all Washington renters housed.
Residential rents and manufactured/mobile home lot rents have increased at a rate that outpaces inflation, wage growth, cost of living adjustments for programs like social security, and other standard economic metrics that drive price increases. During a six-month period in 2023, the United States census bureau estimated that more than 900,000 Washington renters experienced a rent increase, of which 75 percent reported an increase of greater than $100 and more than nine percent experienced an increase of more than $500.
Tenants in residential and manufactured/mobile home settings are subject to not only excessive rent increases, but also to the addition of new recurring or periodic fees that can have the effect of drastically increasing monthly housing costs. Tenants also experience arbitrary one-time fees or the addition of fees for services that were previously provided at no cost. Combined with rent increases, these fees create significant additional financial strains for renter households.
According to the 2021 American community survey, nearly one out of every four renters in the state of Washington is over the age of 55. Households of color are disproportionately renters, and these households, as well as Hispanic households, are majority renter households.
Excessive rent increases force renter households, including families, seniors, and young people, to lose housing opportunities. Due to excessive rent increases, renter households are increasingly unable to afford housing in communities of opportunity and are being forced to move away from their communities. Renter households are forced to make tough and often impossible decisions between paying the rent and paying for other basic necessities such as medicine, child care, and transportation. Communities, employers, and workers all suffer when businesses cannot retain or hire staff because workers cannot find affordable rental homes near their jobs and offices, a phenomenon especially common for the service industry in heavy tourism areas.
The legislature declares that failure to act urgently to protect Washingtonians from excessive rent increases will result in continued harm for millions of residents, especially when considering the essential nature of housing. Therefore, the legislature intends to enact rent stabilization policies in order to preserve the public peace, health, or safety of the state by providing Washington renters with predictability, transparency, and the same protections afforded to other consumers.
Except as authorized by an exemption under section 102 of this act, a landlord may not increase the rent and fees combined for any type of tenancy, regardless of whether the tenancy is month-to-month or for a term greater than month-to-month:
During the first 12 months after the tenancy begins; and
During any 12-month period, in an amount greater than five percent.
If a landlord increases the rent and fees combined above the amount allowed in subsection (1) of this section as authorized by an exemption under section 102 of this act, the landlord must include facts supporting any claimed exemptions in the written notice of the rent increase. Notice must comply with this section, section 103 of this act, RCW 59.18.140, and be served in accordance with RCW 59.12.040.
A landlord may not charge a higher rent or fees or include terms of payment or other material conditions in a rental agreement that are more burdensome to a tenant for a month-to-month rental agreement than for a rental agreement where the term is greater than month-to-month, or vice versa.
A landlord who engages in practices in violation of this section, section 102 of this act, section 103 of this act, RCW 59.18.140, 59.18.170, 59.18.200, 59.18.270, or 59.18.650 is liable for:
Damages in the amount of any excess rent, fees, or other costs paid by the tenant;
Mandatory damages equal to three months of any unlawful rent, fees, or other costs charged by the landlord; and
Reasonable attorneys' fees and costs incurred in bringing the action.
The remedies provided by this section are in addition to any other remedies provided by law, including the remedies provided for in section 104 of this act.
It is a defense to an eviction or other legal action that the action to remove the tenant and recover possession of the premises was for nonpayment of rent or fees that were unlawfully increased in violation of this section.
A landlord may not report the tenant to a tenant screening service provider for failure to pay rent or fees that were unlawfully increased in violation of this section.
A local government may adopt policies, ordinances, or other regulations to enforce this act.
A landlord may increase rent and fees combined in an amount greater than allowed under section 101 of this act only as authorized by the exemptions described in this section.
If the first certificate of occupancy for the dwelling unit was issued 10 or less years before the date of the notice of the rent increase, rent and fee increases for the dwelling unit are not limited by section 101 of this act.
For a tenancy in a dwelling unit operated by a public housing authority, public development authority, or nonprofit organization where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements, rent and fee increases that comply with legally binding and recorded regulatory agreements are not limited by section 101 of this act.
A landlord must provide a tenant with annual notice of rent and fee increases in substantially the following form. Notice under this section must comply with the requirements in RCW 59.18.140 and be served in accordance with RCW 59.12.040.
"TO TENANT(S): (tenant name(s))
AT ADDRESS: (tenant address)
RENT AND FEE INCREASE NOTICE TO TENANTS
This notice is required by Washington state law to inform you of your rights regarding rent and fee increases. Washington state limits how much your landlord can raise your rent and fees.
Your landlord can raise your rent and fees combined once every 12 months by up to five percent, as allowed by section 101 of this act. Your landlord is not required to raise the rent or fees by any amount.
Your landlord may be exempt from the five percent limit on rent and fee increases for the reasons described in section 102 of this act. If your landlord claims an exemption, your landlord is required to include supporting facts with this notice.
Your landlord must properly and fully complete the form below to notify you of any rent and fee increases and any exemptions claimed.
Your landlord (name) intends to (check one of the following):
__ Raise your rent and/or fees: Your total rent and fee increase effective (date) will be (percent), which totals an additional $(dollar amount) per month, for a new total amount of $(dollar amount) per month for rent and fees combined.
This rent and/or fee increase is allowed by state law and is (check one of the following):
__ A lower rent and/or fee increase than the maximum allowed by state law.
__ The maximum rent and/or fee increase allowed by state law.
__ Authorized by an exemption under section 102 of this act. If the rent and/or fee increase is authorized by an exemption, your landlord must fill out the section of the form below.
EXEMPTIONS CLAIMED BY LANDLORD
Under penalty of perjury, I (landlord name) certify that I am allowed under Washington state law to raise your rent and fees by (percent), which is more than the maximum increase otherwise allowed by state law, because I am claiming the following exemption under section 102 of this act (check one of the following):
__ The first certificate of occupancy for your dwelling unit was issued on (insert date), which is 10 or less years before the date of this rent and fee increase notice, so the maximum allowable rent and fee increase limit in section 101 of this act does not apply. (The landlord must include facts or attach documents supporting the exemption.)
__ You live in a dwelling unit operated by a public housing authority, public development authority, or nonprofit organization where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements, so rent and fee increases that comply with legally binding and recorded regulatory agreements are not limited by section 101 of this act. (The landlord must include facts or attach documents supporting the exemption.)"
The legislature finds that the practices covered by section 101 of this act, section 102 of this act, section 103 of this act, RCW 59.18.140, 59.18.170, 59.18.200, 59.18.270, and 59.18.650 are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of section 101 of this act, section 102 of this act, section 103 of this act, RCW 59.18.140, 59.18.170, 59.18.200, 59.18.270, or 59.18.650 by a landlord is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
The department of commerce shall create an online landlord resource center to distribute information to landlords about available programs and resources including, but not limited to, the following:
The landlord mitigation program created in RCW 43.31.605;
The low-income residential weatherization programs created in chapter 70A.35 RCW;
The model lease provisions regarding rent and fee increases created by the attorney general's office under subsection (2) of this section;
Local government resources; and
Any other programs and resources that the department determines are relevant.
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The attorney general, in consultation with appropriate stakeholders, shall publish model lease provisions regarding rent and fee increases that comply with the requirements in this chapter.
The model lease provisions regarding rent and fee increases must be published in the top 10 languages spoken in Washington state and, at the discretion of the office of the attorney general, other languages.
The office of the attorney general shall publish the model lease provisions regarding rent and fee increases in the following formats:
A full digital version available on the office of the attorney general's website; and
Hard copy versions made available upon request to landlords, tenants, and any other relevant entities identified by the office of the attorney general.
The office of the attorney general shall publish the first version of the model lease provisions regarding rent and fee increases by January 1, 2025, and shall periodically publish new versions of the model lease provisions as necessary to incorporate any relevant changes made to this chapter.
The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement.
Except for termination of tenancy and an increase in the amount of rent, after 30 days written notice to each affected tenant, a new rule of tenancy may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.
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Except as provided in (b) and (c) of this subsection, a landlord shall provide a minimum of 60 days' prior written notice of an increase in the amount of rent to each affected tenant, and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement.
If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, a landlord shall provide a minimum of 30 days' prior written notice of an increase in the amount of rent to each affected tenant. An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.
If a landlord intends to increase the rent and fees combined in an amount of three percent or more, the landlord must provide written notice to each affected tenant a minimum of 180 days before the effective date of the increase. This subsection (3)(c) does not apply to any tenancy in a dwelling unit operated by a public housing authority, public development authority, or nonprofit organization that qualifies for an exemption under section 102(2) of this act.
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Except as provided in (b) and (c) of this subsection, when premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall end by written notice of 20 days or more, preceding the end of any of the months or periods of tenancy, given by the tenant to the landlord.
Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may end a rental agreement with less than 20 days' written notice if the tenant receives permanent change of station or deployment orders that do not allow a 20-day written notice.
If a landlord provides notice to a tenant that the landlord intends to increase the rent and fees combined in an amount of three percent or more, the tenant may terminate the rental agreement at any time prior to the effective date of the increase by providing the landlord with written notice at least 20 days before terminating the rental agreement. If a tenant terminates a rental agreement under this subsection (1)(c), the tenant only owes pro rata rent through the date upon which the tenant vacates the dwelling unit. A landlord may not charge a tenant any fines or fees for terminating a rental agreement under this subsection (1)(c). This subsection (1)(c) does not apply to any tenancy in a dwelling unit operated by a public housing authority, public development authority, or nonprofit organization that qualifies for an exemption under section 102(2) of this act.
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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. Such 90-day notice shall be in lieu of the notice required by subsection (1) of this section. However, if after giving the 90-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.
Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends, in compliance with RCW 64.34.440(1), to effectuate such change. The 120-day notice is in lieu of the notice required in subsection (1) of this section. However, if after providing the 120-day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection (1) of this section apply unless waived by the tenant.
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Whenever a landlord plans to demolish or substantially rehabilitate premises or plans a change of use of premises, the landlord shall provide a written notice to a tenant at least 120 days before the tenancy ends. This subsection (2)(c)(i) does not apply to jurisdictions that have created a relocation assistance program under RCW 59.18.440 and otherwise provide 120 days' notice.
For purposes of this subsection (2)(c):
(A) "Assisted housing development" means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions.
(B) "Change of use" means: (I) Conversion of any premises from a residential use to a nonresidential use that results in the displacement of an existing tenant; (II) conversion from one type of residential use to another type of residential use that results in the displacement of an existing tenant, such as conversion to a retirement home, emergency shelter, or transient hotel; or (III) conversion following removal of use restrictions from an assisted housing development that results in the displacement of an existing tenant: PROVIDED, That displacement of an existing tenant in order that the owner or a member of the owner's immediate family may occupy the premises does not constitute a change of use.
(C) "Demolish" means the destruction of premises or the relocation of premises to another site that results in the displacement of an existing tenant.
(D) "Substantially rehabilitate" means extensive structural repair or extensive remodeling of premises that requires a permit such as a building, electrical, plumbing, or mechanical permit, and that results in the displacement of an existing tenant.
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A landlord may not evict a tenant, refuse to continue a tenancy, or end a periodic tenancy except for the causes enumerated in subsection (2) of this section and as otherwise provided in this subsection.
If a landlord and tenant enter into a rental agreement that provides for the tenancy to continue for an indefinite period on a month-to-month or periodic basis after the agreement expires, the landlord may not end the tenancy except for the causes enumerated in subsection (2) of this section; however, a landlord may end such a tenancy at the end of the initial period of the rental agreement without cause only if:
At the inception of the tenancy, the landlord and tenant entered into a rental agreement between six and 12 months; and
The landlord has provided the tenant before the end of the initial lease period at least 60 days' advance written notice ending the tenancy, served in a manner consistent with RCW 59.12.040.
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:
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;
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 59.12.040; and
The tenancy has not been for an indefinite period on a month-to-month or periodic basis at any point since the inception of the tenancy. However, for any tenancy of an indefinite period in existence as of May 10, 2021, if the landlord and tenant enter into a rental agreement between May 10, 2021, and three months following the expiration of the governor's proclamation 20-19.6 or any extensions thereof, the landlord may exercise rights under this subsection (1)(c) as if the rental agreement was entered into at the inception of the tenancy provided that the rental agreement is otherwise in accordance with this subsection (1)(c).
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. Upon the end date of the tenancy of a specified period, the tenancy becomes a month-to-month tenancy.
Nothing prohibits a landlord and tenant from entering into subsequent lease agreements that are in compliance with the requirements in subsection (2) of this section.
(i) Except as provided in (f)(ii) of this subsection, 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.
The following reasons listed in this subsection constitute cause pursuant to subsection (1) of this section:
The tenant continues in possession in person or by subtenant after a default in the payment of rent, and after written notice requiring, in the alternative, the payment of the rent or the surrender of the detained premises has remained uncomplied with for the period set forth in RCW 59.12.030(3) for tenants subject to this chapter. The written notice may be served at any time after the rent becomes due;
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;
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;
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. There is a rebuttable presumption that the owner did not act in good faith if the owner or immediate family fails to occupy the unit as a principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit pursuant to a notice to vacate using this subsection (2)(d) as the cause for the lease ending;
The tenant continues in possession after the owner elects to sell a single-family residence and the landlord has provided at least 90 days' advance written notice of the date the tenant's possession is to end. For the purposes of this subsection (2)(e), an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price by listing it on the real estate multiple listing service. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price by listing it on the real estate multiple listing service; or
Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, the landlord rents the unit to someone other than the former tenant, or the landlord otherwise indicates that the owner does not intend to sell the unit;
The tenant continues in possession of the premises after the landlord serves the tenant with advance written notice pursuant to RCW 59.18.200(2)(c);
The tenant continues in possession after the owner elects to withdraw the premises to pursue a conversion pursuant to RCW 64.34.440 or 64.90.655;
The tenant continues in possession, after the landlord has provided at least 30 days' advance written notice to vacate that: (i) The premises has been certified or condemned as uninhabitable by a local agency charged with the authority to issue such an order; and (ii) continued habitation of the premises would subject the landlord to civil or criminal penalties. However, if the terms of the local agency's order do not allow the landlord to provide at least 30 days' advance written notice, the landlord must provide as much advance written notice as is possible and still comply with the order;
The tenant continues in possession of a dwelling unit in transitional housing after having received at least 30 days' advance written notice to vacate in advance of the expiration of the transitional housing program, the tenant has aged out of the transitional housing program, or the tenant has completed an educational or training or service program and is no longer eligible to participate in the transitional housing program. Nothing in this subsection (2)(j) prohibits the ending of a tenancy in transitional housing for any of the other causes specified in this subsection;
The tenant continues in possession of a dwelling unit after the expiration of a rental agreement without signing a proposed new rental agreement proffered by the landlord; provided, that the landlord proffered the proposed new rental agreement at least 30 days prior to the expiration of the current rental agreement and that any new terms and conditions of the proposed new rental agreement are reasonable. This subsection (2)(k) does not apply to tenants whose tenancies are or have become periodic;
The tenant continues in possession after having received at least 30 days' advance written notice to vacate due to intentional, knowing, and material misrepresentations or omissions made on the tenant's application at the inception of the tenancy that, had these misrepresentations or omissions not been made, would have resulted in the landlord requesting additional information or taking an adverse action;
The tenant continues in possession after having received at least 60 days' advance written notice to vacate for other good cause prior to the end of the period or rental agreement and such cause constitutes a legitimate economic or business reason not covered or related to a basis for ending the lease as enumerated under this subsection (2). When the landlord relies on this basis for ending the tenancy, the court may stay any writ of restitution for up to 60 additional days for good cause shown, including difficulty procuring alternative housing. The court must condition such a stay upon the tenant's continued payment of rent during the stay period. Upon granting such a stay, the court must award court costs and fees as allowed under this chapter;
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The tenant continues in possession after having received at least 60 days' written notice to vacate prior to the end of the period or rental agreement and the tenant has committed four or more of the following violations, other than ones for monetary damages, within the preceding 12-month period, the tenant has remedied or cured the violation, and the landlord has provided the tenant a written warning notice at the time of each violation: A substantial breach of a material program requirement of subsidized housing, a substantial breach of a material term subscribed to by the tenant within the lease or rental agreement, or a substantial breach of a tenant obligation imposed by law;
Each written warning notice must:
(A) Specify the violation;
(B) Provide the tenant an opportunity to cure the violation;
(C) State that the landlord may choose to end the tenancy at the end of the rental term if there are four violations within a 12-month period preceding the end of the term; and
(D) State that correcting the fourth or subsequent violation is not a defense to the ending of the lease under this subsection;
iii. The 60-day notice to vacate must:
(A) State that the rental agreement will end upon the specified ending date for the rental term or upon a designated date not less than 60 days after the delivery of the notice, whichever is later;
(B) Specify the reason for ending the lease and supporting facts; and
(C) Be served to the tenant concurrent with or after the fourth or subsequent written warning notice;
iv. The notice under this subsection must include all notices supporting the basis of ending the lease;
v. Any notices asserted under this subsection must pertain to four or more separate incidents or occurrences; and
vi. This subsection (2)(n) does not absolve a landlord from demonstrating by admissible evidence that the four or more violations constituted breaches under (b) of this subsection at the time of the violation had the tenant not remedied or cured the violation;
o. The tenant continues in possession after having received at least 60 days' advance written notice to vacate prior to the end of the rental period or rental agreement if the tenant is required to register as a sex offender during the tenancy, or failed to disclose a requirement to register as a sex offender when required in the rental application or otherwise known to the property owner at the beginning of the tenancy;
p. The tenant continues in possession after having received at least 20 days' advance written notice to vacate prior to the end of the rental period or rental agreement if the tenant has made unwanted sexual advances or other acts of sexual harassment directed at the property owner, property manager, property employee, or another tenant based on the person's race, gender, or other protected status in violation of any covenant or term in the lease.
When a tenant has permanently vacated due to voluntary or involuntary events, other than by the ending of the tenancy by the landlord, a landlord must serve a notice to any remaining occupants who had coresided with the tenant at least six months prior to and up to the time the tenant permanently vacated, requiring the occupants to either apply to become a party to the rental agreement or vacate within 30 days of service of such notice. In processing any application from a remaining occupant under this subsection, the landlord may require the occupant to meet the same screening, background, and financial criteria as would any other prospective tenant to continue the tenancy. If the occupant fails to apply within 30 days of receipt of the notice in this subsection, or the application is denied for failure to meet the criteria, the landlord may commence an unlawful detainer action under this chapter. If an occupant becomes a party to the tenancy pursuant to this subsection, a landlord may not end the tenancy except as provided under subsection (2) of this section. This subsection does not apply to tenants residing in subsidized housing.
A landlord who removes a tenant or causes a tenant to be removed from a dwelling in any way in violation of this section is liable to the tenant for wrongful eviction, and the tenant prevailing in such an action is entitled to the greater of their economic and noneconomic damages or three times the monthly rent of the dwelling at issue, and reasonable attorneys' fees and court costs.
Nothing in subsection (2)(d), (e), or (f) of this section permits a landlord to end a tenancy for a specified period before the completion of the term unless the landlord and the tenant mutually consent, in writing, to ending the tenancy early and the tenant is afforded at least 60 days to vacate.
All written notices required under subsection (2) of this section must:
Be served in a manner consistent with RCW 59.12.040; and
Identify the facts and circumstances known and available to the landlord at the time of the issuance of the notice that support the cause or causes with enough specificity so as to enable the tenant to respond and prepare a defense to any incidents alleged. The landlord may present additional facts and circumstances regarding the allegations within the notice if such evidence was unknown or unavailable at the time of the issuance of the notice.
If a landlord charges a tenant any move-in fees or security deposits, the move-in fees and security deposits combined may not exceed one month's rent.
All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by RCW 30A.22.041 or licensed escrow agent located in Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address, and location of the new depository. If, during the tenancy, the tenant's dwelling unit is foreclosed upon and the tenant's deposit is not transferred to the successor after the foreclosure sale or other transfer of the property from the foreclosed-upon owner to a successor, the foreclosed-upon owner shall promptly refund the full deposit to the tenant immediately after the foreclosure sale or transfer. If the foreclosed-upon owner does not either immediately refund the full deposit to the tenant or transfer the deposit to the successor, the foreclosed-upon owner is liable to the tenant for damages up to two times the amount of the deposit. In any action brought by the tenant to recover the deposit, the prevailing party is entitled to recover the costs of suit or arbitration, including reasonable attorneys' fees. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.
If at any time during the tenancy the tenant fails to carry out the duties required by RCW 59.18.130 or 59.18.140, the landlord may, in addition to pursuit of remedies otherwise provided by law, give written notice to the tenant of said failure, which notice shall specify the nature of the failure.
The landlord may not charge a late fee for rent that is paid within five days following its due date. 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. Late fees may not exceed $10 per month. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due.
When late fees may be assessed after rent becomes due, the tenant may propose that the date rent is due in the rental agreement be altered to a different due date of the month. The landlord shall agree to such a proposal if it is submitted in writing and the tenant can demonstrate that his or her primary source of income is a regular, monthly source of governmental assistance that is not received until after the date rent is due in the rental agreement. The proposed rent due date may not be more than five days after the date the rent is due in the rental agreement. Nothing in this subsection shall be construed to prevent a tenant from making a request for reasonable accommodation under federal, state, or local law.
Except as authorized by an exemption under section 202 of this act and as provided in RCW 59.20.060(2)(c), a landlord may not increase the rent and fees combined for any type of tenancy, regardless of whether the tenancy is month-to-month or for a term greater than month-to-month:
During the first 12 months after the tenancy begins; and
During any 12-month period, in an amount greater than five percent.
If a landlord increases the rent and fees combined above the amount allowed in subsection (1) of this section as authorized by an exemption under section 202 of this act, the landlord must include facts supporting any claimed exemptions in the written notice of the rent increase. Notice must comply with this section, section 203 of this act, RCW 59.20.090(2), and be served in accordance with RCW 59.12.040.
A landlord may not charge a higher rent or fees or include terms of payment or other material conditions in a rental agreement that are more burdensome to a tenant for a month-to-month rental agreement than for a rental agreement where the term is greater than month-to-month, or vice versa.
A landlord who engages in practices in violation of this section, section 202 of this act, section 203 of this act, RCW 59.20.060, 59.20.090, or 59.20.170 is liable for:
Damages in the amount of any excess rent, fees, or other costs paid by the tenant;
Mandatory damages equal to three months of any unlawful rent, fees, or other costs charged by the landlord; and
Reasonable attorneys' fees and costs incurred in bringing the action.
The remedies provided by this section are in addition to any other remedies provided by law, including the remedies provided for in section 204 of this act.
It is a defense to an eviction or other legal action that the action to remove the tenant and recover possession of the premises was for nonpayment of rent or fees that were unlawfully increased in violation of this section.
A landlord may not report a tenant to a tenant screening service provider for failure to pay rent or fees that were unlawfully increased in violation of this section.
A local government may adopt policies, ordinances, or other regulations to enforce this act.
A landlord may increase rent and fees combined in an amount greater than allowed under section 201 of this act only as authorized by the exemptions described in this section or as provided in RCW 59.20.060(2)(c).
For a tenancy on a manufactured/mobile home lot operated by a public housing authority, public development authority, or nonprofit organization where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements, rent and fee increases that comply with legally binding and recorded regulatory agreements are not limited by section 201 of this act.
During the first 12 months after the qualified sale of a manufactured/mobile home community to an eligible organization as defined in RCW 59.20.030 whose mission aligns with the long-term preservation and affordability of the manufactured/mobile home community, the eligible organization may increase the annual rent and fees combined for the manufactured/mobile home community in an amount greater than allowed under section 201 of this act as needed to cover the cost of purchasing the manufactured/mobile home community if the increase is approved by vote or agreement with the majority of the manufactured/mobile home owners in the manufactured/mobile home community.
A landlord must provide a tenant with annual notice of rent and fee increases in substantially the following form. Notice under this section must comply with the requirements in RCW 59.20.090(2) and be served in accordance with RCW 59.12.040.
"TO TENANTS: (tenant name(s))
AT ADDRESS: (tenant address)
RENT AND FEE INCREASE NOTICE TO TENANTS
This notice is required by Washington state law to inform you of your rights regarding rent and fee increases. Washington state limits how much your landlord can raise your rent and fees.
Your landlord can raise your rent and fees combined once every 12 months by up to five percent, as allowed by section 201 of this act. Your landlord is not required to raise the rent or fees by any amount.
Your landlord may be exempt from the five percent limit on rent and fee increases for the reasons described in section 202 of this act. If your landlord claims an exemption, your landlord is required to include supporting facts with this notice.
Your landlord must properly and fully complete the form below to notify you of any rent and fee increases and any exemptions claimed.
Your landlord (name) intends to (check one of the following):
__ Raise your rent and/or fees: Your total rent and fee increase effective (date) will be (percent), which totals an additional $(dollar amount) per month, for a new total amount of $(dollar amount) per month for rent and fees combined.
This rent and/or fee increase is allowed by state law and is (check one of the following):
__ A lower rent and/or fee increase than the maximum allowed by state law.
__ The maximum rent and/or fee increase allowed by state law.
__ Authorized by an exemption under section 202 of this act. If the rent and/or fee increase is authorized by an exemption, your landlord must fill out the section of the form below.
EXEMPTIONS CLAIMED BY LANDLORD
Under penalty of perjury, I (landlord name) certify that I am allowed under Washington state law to raise your rent and fees by (percent), which is more than the maximum increase otherwise allowed by state law, because I am claiming the following exemption under section 202 of this act (check one of the following):
__ You live on a manufactured/mobile home lot operated by a public housing authority, public development authority, or nonprofit organization where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements, so rent and fee increases that comply with legally binding and recorded regulatory agreements are not limited by section 201 of this act. (The landlord must include facts or attach documents supporting the exemption.)
__ You live in a manufactured/mobile home community that was purchased during the past 12 months by an eligible organization as defined in RCW 59.20.030 whose mission aligns with the long-term preservation and affordability of your manufactured/mobile home community, so the eligible organization may increase the annual rent and fees combined for your manufactured/mobile home community in an amount greater than allowed under section 201 of this act as needed to cover the cost of purchasing your manufactured/mobile home community if the increase is approved by vote or agreement with the majority of the manufactured/mobile home owners in your manufactured/mobile home community. (The landlord must include facts or attach documents supporting the exemption.)"
The legislature finds that the practices covered by section 201 of this act, section 202 of this act, section 203 of this act, RCW 59.20.060, 59.20.090, and 59.20.170 are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of section 201 of this act, section 202 of this act, section 203 of this act, RCW 59.20.060, 59.20.090, or 59.20.170 by a landlord is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement, unless a different specified term is agreed upon.
(a) Except as provided in (b) of this subsection, a landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in writing three months prior to the effective date of any increase in rent.
Except as provided in subsection (4) of this section, a tenant shall notify the landlord in writing one month prior to the expiration of a rental agreement of an intention not to renew.
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The tenant may terminate the rental agreement upon 30 days written notice whenever a change in the location of the tenant's employment requires a change in his or her residence, and shall not be liable for rental following such termination unless after due diligence and reasonable effort the landlord is not able to rent the mobile home lot at a fair rental. If the landlord is not able to rent the lot, the tenant shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends.
Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may terminate a rental agreement with less than 30 days notice if the tenant receives permanent change of station or deployment orders which do not allow greater notice. The service member shall provide the landlord a copy of the official military orders or a signed letter from the service member's commanding officer confirming any of the following criteria are met:
The service member is required, pursuant to permanent change of station orders, to move 35 miles or more from the location of the rental premises;
The service member is prematurely or involuntarily discharged or released from active duty;
The service member is released from active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service member's home of record prior to entering active duty;
After entering into a rental agreement, the commanding officer directs the service member to move into government provided housing;
The service member receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period not less than 90 days; or
The service member has leased the property, but prior to taking possession of the rental premises, receives change of station orders to an area that is 35 miles or more from the location of the rental premises.
If a landlord provides notice to a tenant that the landlord intends to increase the rent and fees combined in an amount of three percent or more, the tenant may terminate the rental agreement at any time prior to the effective date of the increase by providing the landlord with written notice at least 30 days before terminating the rental agreement. If a tenant terminates a rental agreement under this subsection (4)(c), the tenant only owes pro rata rent through the date upon which the tenant vacates the manufactured/mobile home lot. A landlord may not charge a tenant any fines or fees for terminating a rental agreement under this subsection (4)(c). This subsection (4)(c) does not apply to any tenancy on a manufactured/mobile home lot operated by a public housing authority, public development authority, or nonprofit organization that qualifies for an exemption under section 202(1) of this act.
If a landlord charges a tenant any move-in fees or security deposits, the move-in fees and security deposits combined may not exceed one month's rent.
All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by RCW 30A.22.041 or licensed escrow agent located in Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address and location of the new depository. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.
Any mobile home space tenancy regardless of the term, shall be based upon a written rental agreement, signed by the parties, which shall contain:
The terms for the payment of rent, including time and place, and any additional charges to be paid by the tenant. Additional charges that occur less frequently than monthly shall be itemized in a billing to the tenant;
Reasonable rules for guest parking which shall be clearly stated;
The rules and regulations of the park;
The name and address of the person who is the landlord, and if such person does not reside in the state there shall also be designated by name and address a person who resides in the county where the mobile home park is located who is authorized to act as agent for the purposes of service of notices and process. If no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered the agent;
The name and address of any party who has a secured interest in the mobile home, manufactured home, or park model;
A forwarding address of the tenant or the name and address of a person who would likely know the whereabouts of the tenant in the event of an emergency or an abandonment of the mobile home, manufactured home, or park model;
A statement that: "The park may be sold or otherwise transferred at any time with the result that subsequent owners may close the mobile home park, or that the landlord may close the park at any time after the required closure notice as provided in RCW 59.20.080." The statement required by this subsection must: (i) Appear in print that is in boldface and is larger than the other text of the rental agreement; (ii) be set off by means of a box, blank space, or comparable visual device; and (iii) be located directly above the tenant's signature on the rental agreement;
A copy of a closure notice, as required in RCW 59.20.080, if such notice is in effect;
A listing of the utilities, services, and facilities which will be available to the tenant during the tenancy and the nature of the fees, if any, to be charged together with a statement that, in the event any utilities are changed to be charged independent of the rent during the term of the rental agreement, the landlord agrees to decrease the amount of the rent charged proportionately;
A written description, picture, plan, or map of the boundaries of a mobile home space sufficient to inform the tenant of the exact location of the tenant's space in relation to other tenants' spaces;
A written description, picture, plan, or map of the location of the tenant's responsibility for utility hook-ups, consistent with RCW 59.20.130(6);
A statement of the current zoning of the land on which the mobile home park is located;
A statement of the expiration date of any conditional use, temporary use, or other land use permit subject to a fixed expiration date that is necessary for the continued use of the land as a mobile home park; and
A written statement containing accurate historical information regarding the past five years' rental amount charged for the lot or space.
Any rental agreement executed between the landlord and tenant shall not contain any provision:
Which allows the landlord to charge a fee for guest parking unless a violation of the rules for guest parking occurs: PROVIDED, That a fee may be charged for guest parking which covers an extended period of time as defined in the rental agreement;
Which authorizes the towing or impounding of a vehicle except upon notice to the owner thereof or the tenant whose guest is the owner of the vehicle;
Which allows the landlord to alter the due date for rent payment or increase the rent: (i) During the term of the rental agreement if the term is less than two years, or (ii) more frequently than annually if the initial term is for two years or more: PROVIDED, That a rental agreement may include an escalation clause for a pro rata share of any increase in the mobile home park's real property taxes or utility assessments or charges, over the base taxes or utility assessments or charges of the year in which the rental agreement took effect, if the clause also provides for a pro rata reduction in rent or other charges in the event of a reduction in real property taxes or utility assessments or charges, below the base year: PROVIDED FURTHER, That a rental agreement for a term exceeding two years may provide for annual increases in rent in specified amounts or by a formula specified in such agreement. Any rent increase authorized under this subsection (2)(c) that occurs within the closure notice period pursuant to RCW 59.20.080(1)(e) may not be more than one percentage point above the United States consumer price index for all urban consumers, housing component, published by the United States bureau of labor statistics in the periodical "Monthly Labor Review and Handbook of Labor Statistics" as established annually by the department of commerce;
By which the tenant agrees to waive or forego rights or remedies under this chapter;
Allowing the landlord to charge an "entrance fee" or an "exit fee." However, an entrance fee may be charged as part of a continuing care contract as defined in RCW 70.38.025;
Which allows the landlord to charge a fee for guests: PROVIDED, That a landlord may establish rules charging for guests who remain on the premises for more than 15 days in any 60-day period;
By which the tenant agrees to waive or forego homestead rights provided by chapter 6.13 RCW. This subsection shall not prohibit such waiver after a default in rent so long as such waiver is in writing signed by the husband and wife or by an unmarried claimant and in consideration of the landlord's agreement not to terminate the tenancy for a period of time specified in the waiver if the landlord would be otherwise entitled to terminate the tenancy under this chapter;
By which, at the time the rental agreement is entered into, the landlord and tenant agree to the selection of a particular arbitrator;
Allowing the landlord to charge a late fee for rent that is paid within five days following its due date. 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. Late fees may not exceed $10 per month. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due.
Any provision prohibited under this section that is included in a rental agreement is unenforceable.
For purposes of this chapter:
"Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy;
"Active duty" means service authorized by the president of the United States, the secretary of defense, or the governor for a period of more than 30 consecutive days;
"Community land trust" means a private, nonprofit, community-governed, and/or membership corporation whose mission is to acquire, hold, develop, lease, and steward land for making homes, farmland, gardens, businesses, and other community assets permanently affordable for current and future generations. A community land trust's bylaws prescribe that the governing board is comprised of individuals who reside in the community land trust's service area, one-third of whom are currently, or could be, community land trust leaseholders;
"Eligible organization" includes community land trusts, resident nonprofit cooperatives, local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or statewide nonprofit housing assistance organizations;
"Housing and low-income assistance organization" means an organization that provides tenants living in mobile home parks, manufactured housing communities, and manufactured/mobile home communities with information about their rights and other pertinent information;
"Housing authority" or "authority" means any of the public body corporate and politic created in RCW 35.82.030;
"Landlord" or "owner" means the owner of a mobile home park and includes the agents of the owner;
"Local government" means a town government, city government, code city government, or county government in the state of Washington;
"Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction and safety standards act, which is a national preemptive building code. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is 320 square feet or greater;
"Manufactured/mobile home" means either a manufactured home or a mobile home;
"Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act;
"Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model;
"Mobile home park cooperative" or "manufactured housing cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes, manufactured homes, or park models in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members;
"Mobile home park subdivision" or "manufactured housing subdivision" means real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes, manufactured homes, or park models in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots;
"Mobile home park," "manufactured housing community," or "manufactured/mobile home community" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, or park models for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;
"Notice of opportunity to compete to purchase" means a notice required under RCW 59.20.325;
"Notice of sale" means a notice required under RCW 59.20.300 to be delivered to all tenants of a manufactured/mobile home community and other specified parties within 14 days after the date on which any advertisement, listing, or public or private notice is first made advertising that a manufactured/mobile home community or the property on which it sits is for sale or lease. A delivered notice of opportunity to compete to purchase acts as a notice of sale;
"Occupant" means any person, including a live-in care provider, other than a tenant, who occupies a mobile home, manufactured home, or park model and mobile home lot;
"Orders" means written official military orders, or any written notification, certification, or verification from the service member's commanding officer, with respect to the service member's current or future military status;
"Park model" means a recreational vehicle intended for permanent or semi-permanent installation and is used as a primary residence;
"Permanent change of station" means: (a) Transfer to a unit located at another port or duty station; (b) change of a unit's home port or permanent duty station; (c) call to active duty for a period not less than 90 days; (d) separation; or (e) retirement;
"Qualified sale of manufactured/mobile home community" means the sale, as defined in RCW 82.45.010, of land and improvements comprising a manufactured/mobile home community that is transferred in a single purchase to a qualified tenant organization or to an eligible organization for the purpose of preserving the property as a manufactured/mobile home community;
"Qualified tenant organization" means a formal organization of tenants within a manufactured/mobile home community, with the only requirement for membership consisting of being a tenant. If a majority of the tenants, based on home sites within the manufactured/mobile home community, agree that they want to preserve the manufactured/mobile home community then they will appoint a spokesperson to represent the wishes of the qualified tenant organization to the landlord and the landlord's representative;
"Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot;
"Rent" or "rental amount" means recurring and periodic charges identified in the rental agreement for the use and occupancy of the manufactured/mobile home lot, which may include charges for utilities as provided in RCW 59.20.060. These terms do not include nonrecurring charges for costs incurred due to late payment, damages, deposits, legal costs, or other fees, including attorneys' fees;
"Resident nonprofit cooperative" means a nonprofit cooperative corporation formed by a group of manufactured/mobile home community residents for the purpose of acquiring the manufactured/mobile home community in which they reside and converting the manufactured/mobile home community to a mobile home park cooperative or manufactured housing cooperative;
"Service member" means an active member of the United States armed forces, a member of a military reserve component, or a member of the national guard who is either stationed in or a resident of Washington state;
"Tenant" means any person, except a transient, who rents a mobile home lot;
"Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.