Local Landlord Tenant Laws

o   60 days’ notice of any rent increase exceeding 10% is required (state law requires 60 days’ notice for all rent increases) (BMC 6.12)

o   60 days’ notice to terminate a tenancy is required for any “no cause” termination of tenancy. (BMC 6.13)

§  Examples of for cause notice that are exempt from this section include, but are not limited to:

·       three-day notice to pay or vacate

·       three-day notice for waste or nuisance

·       10-day notice to comply with the terms of the rental agreement or vacate

·       any 20-day notice provided under federal or state guidelines applicable to low income or affordable housing programs that is also accompanied by documentation of serious and repeated violations of the material lease provisions or a condition that makes the resident’s unit uninhabitable.

o   Requires property managers to distribute written rental criteria and a link to an informational website that provides information about rental properties in Burien. (link not yet available)

o   Requires property managers to distribute a packet of information (similar to the City of Seattle's) to each tenant when it first becomes available, at the initiation of the tenancy, and annually thereafter.  (packet not yet available)

o   Requires property managers to provide a copy of a resource summary whenever a termination notice is served (14-day, 10-day, 20-day notice) (summary not yet available)

o   Provides the opportunity for tenants, upon the tenants' request, to pay the security deposit, non-refundable move-in fees and last month's rent in an installment schedule, not to exceed three months.  

o   Requires property managers to consider a request for a reasonable accommodation related to the service of a notice.

o   Requires property managers to provide 60 days’ notice of intent to sell a building to the city when apartment homes in the building rent for 80% or less of Area Median Income (AMI).  

o   Implements just cause eviction requirements - requiring the property manager to include at least one of 17 identified in any notice to terminate. The just cause requirements mirror those in the City of Seattle. The most commonly used reasons for termination in multifamily properties are: 

   §  The tenant fails to comply with a 14-day notice to pay rent or vacate

• The tenant habitually fails to pay rent when due at least four times in a 12-month period
• The tenant fails to comply with a 10-day notice to comply or vacate
• The tenant habitually fails to comply with at least three 10-day notices in a 12-month period
• The tenant's occupancy is conditioned on employment and the employment relationship has ended
• The owner seeks to substantially rehabilitate the building, requiring at least one permit and provides at least 120 days' notice. The permit must be obtained prior to terminating the tenancy
• The owner elects to demolish the building and provides at least 120 days' notice. The owner must obtain a permit to demolish the building.

o   Requires good cause to terminate a tenancy in the following ways:

§  The tenant fails to pay rent, except where the tenant has withheld rent due to conditions that deprive the tenant or occupants of normal use of the dwelling unit. 

§  The tenant substantially and materially breaches a non-monetary requirement of the rental agreement, having failed to take reasonable steps to cure the breach within the time required by state law.

§  The tenant has committed or permitted waste upon the premises, unlawful activity, or an ongoing, substantial interference with the use and enjoyment of the premises by the landlord or neighbors of the tenant.

§  A person enters upon land of another without the permission of the owner and without having color of title thereto and refuses to vacate but does not apply to an immediate family member of a tenant of record absent a violation of legal occupancy limits.

§  The landlord seeks to remove the dwelling unit from the rental market for one of the following reasons, after providing the tenant with 120-day advanced written notice of the eviction:

·       the landlord or his or her immediate family seeks to occupy the dwelling unit as their principal residence

·       the landlord seeks to convert the dwelling unit to a condominium pursuant to RCW 64.34.440

·       the landlord seeks to demolish or substantially rehabilitate the dwelling unit

·       a governmental entity has prohibited the continued rental of the dwelling unit to the tenant

·       the landlord intends to remove the dwelling unit from the rental market for at least a 24-month period.

(There is a rebuttable presumption that the landlord did not act in good faith, if, after the landlord terminates the tenancy under subsection (5)(e)(i) of this section, the landlord or their immediate family fails to occupy the unit as a principal residence for at least 90 consecutive days during the 120 days immediately after the tenant vacated.)

§  The tenant continues in possession after the expiration of a rental agreement after having declined to enter a new or extended rental agreement offered pursuant to FWRC 20.05.050.

§  The tenant continues in possession after having received a 30-day notice to quit due to chronic, unexcused, and unjustified failure to pay rent, with such pattern documented in the filing of numerous unlawful detainer actions over a 12-month period.

§  The dwelling unit was provided to the tenant as part of a transitional housing program or other program which receives public funding and operates on a model that provides temporary housing.

§  The landlord resides in the dwelling unit and no longer wishes to cohabitate with the tenant.

§  The landlord establishes other good cause under FWRC 20.05.060. 

(If a tenant dies, vacates, or voluntarily or involuntarily abandons the dwelling unit, the protections of this section apply to any remaining co-tenants in the dwelling unit. However, the landlord may require any remaining co-tenant to take over the existing rental agreement as a condition of remaining in the dwelling unit.)

·       Adds and expands protected classes and permits defense against eviction based on tenant’s status as a member of the military, first responder, senior, family member, health care provider, or educator.

·       Requires renewal offers be sent between 60 and 90 days before lease termination; the tenant has 30 days to accept or decline the offer.

·       Renewal actions prohibit any material changes to the lease agreement.

o   The law requires distribution of specific information: 

§  The written rental criteria must include a link to a city of Auburn informational website. Where the tenant cannot reasonably access the internet, the landlord must provide the tenant with a paper copy of the required information included on the website. www.auburnwa.gov/renting

§  A summary of the laws must be provided when they are made available, at the initiation of tenancy and with any renewal of a rental agreement. The initial distribution must be in writing and thereafter may be provided electronically. The landlord must obtain the tenant’s signature acknowledging receipt of the summary of laws or the landlord may draft a declaration if the tenant refuses.www.auburnwa.gov/renting

§  A Notice of Resources prepared by the city must be provided with any legal notice served (10-day, 14-day, 20-day, 120-day) www.auburnwa.gov/renting

o   The law sets limitations on rent increases:

§  Any increase in rent or non-rent charges must be in writing and signed by the tenant.

§  Any rent increase of more than 5 percent requires at least 120 days advance notice. 

§  In subsidized tenancies, where rent is based on the income of the tenant, the landlord shall provide a minimum of 30 days’ notice and the increase in rent will become effective at the end of the term of rental agreement, or sooner upon mutual consent. 

§  Rent increase notices must be served in the same manner as a termination notice by knocking and personal delivery, or by posting and mailing.

o   The law set limitations on the collection of a security deposit: 

§  A security deposit cannot exceed the monthly rent.  

§  An additional security deposit may be added to tenants with pets that is “reasonable.”

o   The law limits late fees to $10 per month. 

o   No other fees may be charged in connection with the lease or rental agreement unless such fee is agreed to in writing at the time of entering the lease agreement.  

o   A landlord reviews requests for a reasonable accommodation related to the service of a notice. 

o   The law requires property owners to provide notice of proposed sale of housing where anyone rents an apartment home at or below 80 percent of AMI except where the property is transferred to a family member, transferred by a will, or that are not listed for sale; or where 20% or fewer of the units are studio apartments and the rent level in these studio apartments is the triggering event.  

o   The law establishes just cause eviction. Permissible reasons for termination include: 

§  The tenant fails to comply with a 14-day notice or habitually fails to comply with a 14-day notice four times in a 12-month period. 

§  The tenant fails to comply with a 10-day notice or habitually fails to comply with a 10-day notice three or more times in a 12-month period.  

§  The owners seeks possession for their or their immediate family’s occupancy upon 90 days’ advance notice.

§  The owner elects to sell the dwelling unit subject to 90 days’ advance notice.

§  The tenant’s occupancy is conditioned on employment.

§  The owner seeks to complete substantial rehabilitation, demolish or change the use of the rent units, upon 120 days’ advance written notice.

§  The tenant, or invitees, have engaged in criminal activity on the premises or public right-of-way abutting the premises including drug related activity, or a crime that substantially affects the health or safety of other tenants or the owner.

o   Provide a website link with the screening criteria. At the time of application and with the rental criteria, property managers must provide applicants with a link to a dedicated website hosted by the city. The website is: http://www.cityoftacoma.org/rentalhousingcode

o   The website includes information about the property, including information about code violations, and enforcement information, as well as the website address for the Washington Secretary of State for purposes of providing voter registration information. 

o   Provide an "Information for Tenants" Packet. Within 30 days of the Packet becoming available, property managers must provide a copy to all residents in written form. The property manager should obtain a signature acknowledging receipt. If the resident refuses or is unavailable, the property manager may draft a declaration stating when and where the landlord provided the Packet.  

o   At the initiation of the tenancy, the Packet must be provided with the lease.

§  The Packet must be provided annually and may be provided electronically.

§  The packet will be available February 1.

§  The Information Packet can be found here.  

o   Installment payments for move-in fees.

o   Provide a resource summary with any 3-day, 10-day or Notice to Terminate.  A resource summary, prepared by the city, must be provided when any Notice to Comply or Notice to Terminate is served to a resident. 

o   Termination of the tenancy. For any no cause termination notice, the property manager must provide at least 60 days notice of the intent to terminate. Notices exempt from this section include 3-day notice to pay or vacate, 10-day notice comply.

o   Whenever the property owner intends to substantially renovate, demolish, or change the use of a rental property, the property manager must provide at least 120 days notice to terminate the tenancy prior to the end of the lease period. 

o   Tenant Relocation Assistance. Whenever the property owner intends to substantially renovate, demolish, or change the use of a rental property, the property manager must also provide a Tenant Relocation Assistance Packet. Packets can be obtained from the city.   

o   Requires 45 days’ notice where rent increase exceeds 10 percent (state law requires 60 days’ notice for all rent increases) (VMC 8.46)

o   Requires 60 days’ notice to terminate the tenancy

§  Examples of for cause notice that are exempt from this section include, but are not limited to:

·       three-day notice to pay or vacate

·       three-day notice for waste or nuisance

·       10-day notice to comply with the terms of the rental agreement or vacate

The city of Kent requires you provide 40 days' notice in advance of providing a 20-day notice to terminate a tenancy.