Some provisions which may appear in rental agreements or leases are not legal and cannot be enforced under the law. These include:
• A provision which waives any right given to tenants by the Landlord Tenant Act.
• A provision that tenants give up their right to defend themselves in court against a landlord's accusations.
• A provision which limits the landlord's liability in situations where the landlord would normally be responsible.
• A provision allowing the landlord to enter the rental unit without proper notice (for complete information on tenant's right to privacy, see page 9.)
• A provision requiring a tenant to pay for all damage to the unit, even if it is not caused by tenants or their guests.
• A provision stating the tenant will pay the landlord's attorney's fees under any circumstances if a dispute goes to court.
• A provision that allows the landlord to seize a tenant's property if the tenant falls behind in rent.
Deposits and Other Fees
When a new tenant moves in, the landlord often collects money to cover such things as cleaning or damage. The money collected may be refundable or nonrefundable.
Refundable Deposits
Under the Landlord-Tenant Act, the term "deposit" can only be applied to money which can be refunded to the tenant.
If a refundable deposit is being charged, the law requires:
• The rental agreement must be in writing. It must say what each deposit is for and what the tenant must do in order to get the money back.
• The tenant must be given a written receipt for each deposit.
• A checklist or statement describing the condition of the rental unit must be filled out. Landlord and tenant must sign it, and the tenant must be given a signed copy. (The Attorney General's Office offers a free sample checklist for this purpose.)
• The deposits must be placed in a trust account in a bank or escrow company. The tenant must be informed in writing where the deposits are being kept. Unless some other agreement has been made in writing, any interest earned by the deposit belongs to the landlord.
For information on returning refundable deposits when a tenant moves out, see page 16.
Nonrefundable Fees
These will not be returned to the tenant under any circumstances. If a nonrefundable fee is being charged, the rental agreement must be in writing and must state that the fee will not be returned. A nonrefundable fee cannot legally be called a "deposit."
While You're Living in the Rental Unit Landlord's Responsibilities Under the Landlord-Tenant Act, the landlord must:
• Maintain the dwelling so it does not violate state and local codes in ways which endanger the tenant's health and safety.
• Maintain structural components, such as roofs, floors and chimneys, in reasonably good repair.
• Maintain the dwelling in reasonably weather-tight condition.
• Provide reasonably adequate locks and keys.
• Provide the necessary facilities to supply heat, electricity and hot and cold water.
• Provide garbage cans and arrange for removal of garbage, except in single family dwellings.
• Keep common areas, such as lobbies, stairways and halls, reasonably clean and free from hazards.
• Control pests before the tenant moves in. The landlord must continue to control infestations except in single family dwellings, or when the infestation was caused by the tenant.
• Make repairs to keep the unit in the same condition as when the tenant moved in (except for normal wear and tear).
• Keep electrical, plumbing and heating systems in good repair, and maintain any appliances which are provided with the rental.
• Inform the tenant of the name and address of the landlord or landlord's agent.
• Set water heaters at 120 ° when a new tenant moves in.
• Provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining detectors.)
• Investigate whether a tenant is engaging in gang-related activity when another tenant notifies the landlord of gang-related activity by serving a written notice and investigation demand to the landlord. (See RCW 58.18.180 for details)
Important Note: A landlord is not responsible for the cost of correcting problems which were caused by the tenant.
Tenant's Responsibilities
Under the Landlord-Tenant Act, a tenant is required to:
• Pay rent, and any utilities agreed upon.
• Comply with any requirements of city, county or state regulations.
• Keep the rental unit clean and sanitary.
• Dispose of garbage properly.
• Pay for fumigation of infestations caused by the tenant.
• Properly operate plumbing, electrical and heating systems.
• Not intentionally or carelessly damage the dwelling.
• Not engage in or allow any gang-related activity.
• Not permit "waste" (substantial damage to the property) or "nuisance" (substantial interference with other tenants' use of their property).
• When moving out, restore the dwelling to the same condition as when the tenant moved in, except for normal wear and tear.
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