1	Moving Out & Deposits
2	How much notice do I need to give the landlord before moving out? If you have a written rental agreement, CHECK YOUR RENTAL AGREEMENT FIRST to see what kind of an agreement you have and what sort of notice the agreement requires before moving out. Generally, a tenant needs to give 20 calendar days’ notice before the end of the rental period. See the presentation on rental agreements for more information.
3	When should I give notice to be sure I get the 20 days right? Remember to allow time for the mail. The 20 days are calendar days (weekends count). The first and last days are both counted. Remember, the 20 days is counted before the end of the RENTAL PERIOD, which may not be the end of the month. Read your rental agreement to be sure you know which day is the end of your rental period.
4	Will I need to give written notice? CHECK YOUR RENTAL AGREEMENT FIRST. If you are planning to move, you must follow the requirements of your rental agreement regardless of any other circumstances. IF YOU HAVE A RENTAL AGREEMENT FOR A SPECIFIC TERM and plan to move out when the term expires, it is usually not necessary to give the landlord written notice. However, remember to CHECK YOUR RENTAL AGREEMENT to see what it says about moving and follow your agreement. A tenant who leaves before a term agreement expires is responsible for paying the rent for the remainder of the time. However, in this case the landlord must make an effort to re-rent the unit. IF YOU ARE A MONTH-TO-MONTH TENANT and want to end your rental agreement, written notice must be given to the landlord. The notice must be received at least 20 calendar days before the end of the rental period. If you move without giving proper notice, you may be liable foran additional month’s rent. IF YOU HAVE A RENTAL AGREEMENT FOR A TERM AND STAY AFTER IT EXPIRES, and the landlord accepts the next month’s rent, you are assumed to be renting under a month-to-month agreement and must give at least 20 days written notice before moving.
5	If I am the victim of domestic violence, sexual assault, or stalking, can I terminate my rental agreement? Yes. You and your household members who are victims of domestic violence, sexual assault, and/or stalking may end a term rental agreement with your landlord if you meet three conditions (see next slide). If you meet these three conditions, you may end your agreement and move out without having to pay for the rest of your time. You will still have to pay the rent due for the month in which you leave, but will be entitled to a refund of your deposit and any prepaid rent.
6	What are the 3 conditions I need to meet to terminate my rental agreement if I’m a victim of domestic violence, sexual assault or stalking? 1. You or your household members must either have : A valid order for protection, or A record of reporting the incident to qualified third party. A qualified third party may be a law enforcement officer, state court employee, health care professional, counselor, member of the clergy, or crime victim/ witness protection program advocate. 2. You must notify your landlord in writing that you (or your household member) are a victim of domestic violence, sexual assault, or stalking and attach a copy of the valid order for protection or the record of the report from a qualified third party to your letter. 3. You must inform your landlord of the date you intend to move within 90 days of the incident of domestic violence, sexual assault, or stalking that caused you to seek a protection order or to make a report to a qualified third party.
7	What if I am a member of the armed forces and receive assignment orders which require me to leave before my rental agreement/lease expires? If you are a member of the Armed Services you may terminate a term rental agreement or month-to-month tenancy with less than 20 days notice if you receive assignment orders that do not allow for giving 20-day notice. If you have a term rental agreement, you must give 7 days’ notice to the landlord of the assignment or deployment order.
8	Can I move if the landlord hasn’t made repairs I asked for? If you have properly notified the landlord of the need for repairs and waited the required time, the law allows you to give written notice to the landlord and move out immediately, if the repairs have not been made. If properly requested repairs have not been made within the required time and you decide to move, you do not have to pay rent for any period following the date of moving out and are entitled to a prorated refund of rent paid as well as deposits you would normally get back. See the presentation on Repairs on this site or read the information on www.washingtonlawhelp.org to find out how to properly request repairs and get information about the required period of time you must wait before moving, after notifying your landlord that repairs are needed. Remember, DO NOT WITHHOLD RENT if you are still living in the unit and the landlord hasn’t made repairs. See the presentation on Repairs on this site.
9	How long does the landlord have to return my rental deposit after I move out? After you move out, your landlord has 14 days to send you a deposit refund and/or itemized statement of any amount withheld. The landlord can keep all or part of your deposit, but ONLY for reasons listed in the rental agreement. A damage deposit can only be used for damages, not for unpaid rent. A security deposit can be used for additional rent only if this is written in the rental agreement. Remember to give your landlord your forwarding address before moving out. Without your forwarding address, the landlord can only send your deposit or statement explaining amounts withheld to your last-known address.
10	How does the landlord determine whether I get my damage deposit back? When you move in, the landlord must provide a written checklist describing the condition of the unit. The checklist is dated and signed by both landlord and tenant. When you move out, the landlord checks the condition of the unit against the move-in checklist to determine whether anything has been damaged during the time you lived there. Normal wear and tear is not included in damage. Your damage deposit can ONLY be applied to damages, not to rent or other fees.
11	My landlord did not return my deposit and did not notify me as to why he/she was keeping my deposit -- What can I do to recover the funds? If you do not hear from the landlord, or if you disagree with what you receive, you will need to send a demand letter. If you received neither your deposit nor a letter stating why you did not receive a refund, you are entitled to a complete refund of your deposit. If you cannot settle the matter between yourselves, you can file a lawsuit either in District or Superior Court. Most people, however, prefer to handle the case without a lawyer in Small Claims Court which is inexpensive and proceeds much more quickly. Good information about small claims court is available at www.washingtonlawhelp.org or from the Pierce County Clerk’s Office. The Pierce County District Court has a packet of information with a sample copy of a small claims summons and complaint: http://www.co.pierce.wa.us/xml/Abtus/ourorg/distct/small_claim_pkt.pdf Mediation is required for landlord-tenant disputes filed in Small Claims Court. See the Resources section for more information on mediation. If you owe much more money than the landlord owes you for your deposit, it is not a good idea to sue the landlord. The landlord can make a counterclaim for any money that the landlord feels you owe unless he did not give you an itemized statement within the 14 days.
12	How to find the law…….. The Landlord-Tenant statutes are: RCW 59.18 RCW 59.12 Which can be found at www.leg.wa.gov/rcw/index.cfm Or at the Pierce County Law Library 930 Tacoma Ave. S. Tacoma, WA 98402 (253) 798-7494 Other legal information resources: Washington Attorney General’s Publications on Landlord/Tenant Disputes Northwest Justice Project’s Publications on Landlord/Tenant Disputes (www.washingtonlawhelp.org)
13	Resources
14	Contact the Housing Justice Project Tacoma-Pierce County Housing Justice Project 715 Tacoma Ave. S. Tacoma, WA 98402 (253) 572-5134 FAX (253) 274-1888 vls@tacomaprobono.org www.tacomaprobono.org The Housing Justice Project provides public information, advice appointments and referral for representation by volunteer attorneys in landlord-tenant and other housing issues for low-income clients.
15	CLEAR –Washington State low-income legal advice hotline If you think you may be eligible for legal aid (see next slide) or have other barriers (such as language) which make it difficult for you to access help with your case, call this number first for legal advice and referral to local resources: CLEAR statewide low-income hotline, 1-888-201-1014 CLEAR, Senior (over 60), 1-888-387-7111 CLEAR is available 9:15-12:15 M-F for legal advice and referral if you meet low-income guidelines (no income guidelines for seniors). If you don’t have access to a phone, you can call CLEAR from the lobby of the Access to Civil Justice Center, 715 Tacoma Ave. S., Tacoma, WA 98402, 9-5 M-F.
16	Am I eligible for low-income legal services? Size Monthly
17	If you have difficulty reaching CLEAR -- Local Resources for Legal Advice Housing Justice Project – (253) 572-5134 In-person advice available by appointment or at scheduled hours at the Lawhelp Center in the Pierce County Law Library. Volunteer Legal Services Program Advice Clinics – (253) 572-5134 Neighborhood Legal Clinic, 1^st three Mondays of each month, Pierce County Law Library, 930 Tacoma Ave. S.; call (253) 572-5134 for appointment. Family law advice always available for low-income clients. 4^th Monday Clinica Legal de la Vecindad, 4:30-6 p.m. (Spanish-speaking attorneys/translation always available, for monolingual Spanish-speaking clients), walk-in clinic; arrive at the Law Library by 4 p.m.) Lakewood Pro Bono Clinic, every Thursday evening, 6-7:30 p.m., at My Service Mind, 11016 Bridgeport Way SW, call for appointment (253) 584-5615. Korean and Russian translation always available.
18	City of Tacoma Landlord-Tenant Program City of Tacoma Human Rights and Human Services Department 747 Market Street, Room 836 Tacoma, WA 98402 253-591-5163 hrhs@cityoftacoma.org This office responds to phone, walk-in and written inquiries (including e-mail) about the Washington State Landlord-Tenant Law from people who live or own property within Tacoma city limits. Phone hours: 8 a.m. – 5 p.m. Walk-in hours: Wednesdays, 9 a.m. – 1 p.m.
19	Fair Housing Center of Washington 1517 S. Fawcett, Suite 250 Tacoma, WA 98402 (253) 274-9523 www.fhcwashington.org Complaint investigation, advocacy, education, information and referral for tenants who have suffered from illegal housing discrimination: Protected classes under federal law include race, color, religion, sex, national origin, family status and disability. Washington State law expands these protections to include marital status, sexual orientation and military/veteran status.
20	City of Tacoma Human Rights & Human Services City of Tacoma Human Rights and Human Services Department 747 Market Street, Room 836 Tacoma, WA 98402 253-591-5151 (voice) 253-591-5153 (TTY) hrhs@cityoftacoma.org Deaf, hard of hearing or speech disabled persons may contact us through Washington Relay Services 1-800-833-6388 (TTY or ASCII) 1-800-833-6386 (VCO) or 1-877-833-6341 (STS) Investigates and resolves complaints alleging discrimination in housing which violate the Law against Discrimination, Chapter 1.29 of the Official code of the City of Tacoma, as amended, and the Federal Fair housing Act. In addition to the protected classes under federal and state law, age discrimination in housing is illegal in the City of Tacoma.
21	Legal information, forms, Internet access Pierce County Law Library 930 Tacoma Ave. S., 1^st Floor Tacoma, WA 98402 (253) 798-7494 www.pclawlibrary.org The law library is conveniently located on the first floor of the courthouse and is an excellent resource for people representing themselves and anyone who needs access to practical legal information. If you do not have Internet access at home, the law library is a good place to go to get help finding legal information and forms which may be available on the Internet (www.washingtonlawhelp.org, www.tacomaprobono.org, for example).
22	Can I get free translation services to help me use these resources? Free translation services and/or bilingual staff are available when calling CLEAR and the Lakewood Pro Bono Clinic. The materials on www.washingtonlawhelp.org are available in translation in a wide variety of languages. Free translation is provided but advance notice is required for translation services for the Housing Justice Project and all other Volunteer Legal Services clinics and volunteer attorney appointments.
23	Mediation/Alternative Dispute Resolution Pierce County Center for Dispute Resolution 738 Broadway, Suite 400 Tacoma, WA 98405 253-572-3657 253-572-3579 e-mail: clientservices@pccdr.org, website: www.pccdr.org The Center for Dispute Resolution uses a sliding scale and can help you reach agreement on some or all of the issues in your case outside the formal court system. Services include private landlord-tenant, property, neighborhood and small claims issues (mediation is required for all small claims cases).
24	Mediation/Alternative Dispute Resolution Office of the Attorney General, Mobile Home Division 1-866-924-6458, e-mail: MHDR@atg.wa.gov, website: http://www.atg.wa.gov/MHDR.aspx Mail: Manufactured Housing Dispute Resolution Attorney General’s Office 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 The Attorney General’s office accepts and mediates complaints from mobile home owners renting space for their homes. Homeowners and landlords may file a request for dispute resolution if they believe that there may be a violation of their rights under the Mobile Home Landlord-Tenant Act. The Attorney General’s Office will negotiate with opposing parties, determine whether further investigation is needed, decide whether a violation has occurred and issue fines and other penalties when appropriate.
25	Internet Resources www.washingtonlawhelp.org – Northwest Justice Project website containing comprehensive legal information and current forms on a wide variety of topics. Click on the ‘Housing’ button for detailed information for tenants on eviction, repairs, deposits, public housing issues and much more. Most materials available in a wide variety of languages. www.tacomaprobono.org – Website for the Tacoma-Pierce County Bar Association’s Volunteer Legal Services Program. Go to the ‘Housing Justice Project’ page on this site to see basic information for tenants on rights and responsibilities under the Residential Landlord-Tenant Act, look up landlord-tenant resources for Pierce County, find forms, and get more information about low-income legal services. www.tenantsunion.org – The Tenants’ Union in Seattle has excellent information on tenant rights and responsibilities and many other resources, including a tenants hotline. www.co.pierce.wa.us/pc/abtus/ourorg/supct/abtussup.htm – Website for Pierce County Superior Court. You can look up your case, check court calendars and look up Pierce County local rules. www.atg.wa.gov/Landlord-Tenant.aspx -- Information on the Residential Landlord-Tenant Act and Mobile Home Landlord-Tenant Act, other services available through the Office of the Attorney General. www.courts.wa.gov – The official State of Washington website for courts, good source for all forms and instructions and Washington law.
26	credits This presentation was developed and produced by the following organizations with funding from the Tacoma-Pierce County Bar Foundation: Tacoma-Pierce County Bar Association Volunteer Legal Services Program Tacoma-Pierce County Housing Justice Project Northwest Justice Project Tacoma office Fair Housing Center of Washington City of Tacoma Human Rights & Human Services Pierce County Center for Dispute Resolution
27	Disclaimer The presentation is intended to be used for informational purposes only and is not meant to be a substitute for the advice of an attorney. If you have a legal problem you should consult with an attorney about the specifics of your situation.