Landlord/Tenant Law The information contained in this presentation is reprinted with permission from the Attorney General Of Washington, Consumer Protection Division.

The Players Tenant: Somebody who rents a house or apartment for a fixed period of time.   Landlord: A  person that owns property that is rented to tenants.

Types of Agreements: Rental Month-to-month rental agreement: An agreement for an unspecified period of time, with rent usually payable on a monthly basis. Provides flexibility if you’re not sure how long you’ll stay Rent or rules can be changed at any time

Types of Agreements: Leases Lease: An agreement that requires a tenant to stay for a specific amount of time and restricts the landlord’s ability to change the terms. Usually requires at least a 6 to 12 month commitment Rent and rules stay the same for the lease period

The Paperwork Jungle Be prepared! You’ll have to sign a ton of paperwork. Keep these guidelines in mind: Request a copy of the paperwork in advance. You can review it at your own pace. Become familiar with rental lingo. Read every word before you sign! Remember: If you sign it, you’re liable for it!

What to Expect in Agreements Description and length of agreement Rental amount including due date and late fees Landlord and tenant responsibilities Rules and regulations How maintenance and repairs will be handled

What to Expect in Agreements When and how your rent can increase How many people can occupy the apartment Permission to sublet if you want to move early Conditions if pets are allowed What your security deposit covers and conditions for a refund Termination and abandonment

What Not to Expect in Agreements Watch out – these provisions are illegal! Permission to enter at any time without notice (except in emergencies) Requirement to pay for all damages to the apartment, even if not caused by you or your guests Permission to seize your property if you fall behind in rent

What Not to Expect in Agreements Watch out – these provisions are illegal! Giving up your right to defend yourself in court Limiting the landlord’s liability for things they’re normally responsible for

Landlord Responsibilities Maintain dwelling according to code Maintain roof, floors, chimneys, electrical, plumbing, heating, and appliances Maintain dwelling in weather-tight condition Provide garbage cans and arrange for garbage removal

Landlord Responsibilities Keep common areas clean and safe Control pests Make repairs to unit Inform tenant of landlord’s name and address Provide smoke detectors Investigate gang-related activities

Tenant Responsibilities Pay rent and utilities on time Comply with government regulations Keep unit clean and sanitary Dispose of garbage properly Pay for pest control if caused by negligence

Tenant Responsibilities Properly operate heating, plumbing, and electrical systems Don’t intentionally or carelessly damage dwelling Don’t engage in any gang-related activities Don’t interfere with other tenants’ use of the property Return the unit to the same condition as when you moved in

My Home Is My Castle (or Is It?) Your landlord has a key and can enter your apartment. Landlord must give at least a two-day notice to enter at reasonable times. In case of emergency or abandonment, landlord can enter without notice. You cannot refuse access to your unit if proper notice is given.

Repairs Put your request in writing Give landlord time to respond 24 hours for no hot or cold water, heat, electricity or for other hazardous or life-threatening conditions 72 hours for refrigerator, range, oven, or major plumbing problems 10 days for all other repairs

If Your Landlord Won’t Fix It Tenant Options (if you’re current in rent and utilities): Move out after giving proper notice Go to court to force landlord to make repairs Hire someone to make repairs and deduct from rent Wait the required time period to allow landlord to fix problem (see previous page) Submit good faith estimate to landlord Contract with lowest bidder to complete work Pay the repair person and deduct cost from rent The total amount deducted may not be more than one month’s rent for each repair or more than two months rent in any 12-month period. Give landlord opportunity to inspect work

If Your Landlord Won’t Fix It Make the repairs yourself if it doesn’t require a licensed professional Wait the required time period to allow landlord to fix problem Make repairs Deduct cost of materials and labor from rent (not to exceed one-half month’s rent or one month’s rent in a 12-month period). Give landlord opportunity to inspect work

Illegal Landlord Actions (even if you’re behind in rent) Lockouts Utility shutoffs Taking your property (unless you abandon it) Renting condemned property Retaliatory actions

When You Move Out Provide written notice according to your rental or lease agreement. Rental: Usually 20-day notice Lease: If leaving early, you’re responsible for rent for remaining leasing term unless landlord can rent unit Clean apartment and leave in same condition as when you moved in (except normal wear and tear) Leave forwarding address for deposit return

Evictions: When You Can Be Tossed Out Not paying rent Even if one day late with rent Three-day notice to pay or move out required Not complying with terms of rental agreement Ten-day notice to comply or move out required For creating a waste or nuisance Three-day notice to move out required No option to stay to correct problem

Evictions: When You Can Be Tossed Out No cause Varies by state Twenty-day notice required May not be discriminatory or retaliatory If tenant refuses to vacate, landlord can obtain court order and request sheriff to move belongings.

Where to Go for Help Your state Attorney General’s office Your state Human Rights Commission Your state Housing Department