1	Rent & Rental Agreements
2	What is a rental agreement?
3	What is a Month-to-Month Tenancy? This agreement between the landlord and tenant is usually for an indefinite period of time, with rent usually payable on a monthly basis. A month-to-month agreement can be oral or in writing, but it is better to have a written agreement in case a dispute arises later. If a security deposit or fee other than rent is paid to the landlord in a month-to-month tenancy: The rental agreement must be in writing The landlord is responsible for putting the agreement in writing, including the terms of returning the deposit. If the landlord does not put the agreement in writing, the deposit may be considered rent.
4	What should I know about Month-to Month Agreements? A month-to-month agreement can be terminated without cause by either the tenant or the landlord by giving 20 days’ written notice of intent to terminate the agreement. The 20 days’ notice must be given at least 20 days before the end of the rental period (usually the end of the month). Neither the landlord nor the tenant has to state a reason in the written notice to terminate the rental agreement in a month-to-month tenancy. The landlord can raise the rent at any time and by any amount by giving the tenant 30 days’ written notice of the intended rent change. Any rent increase MUST BE DONE IN WRITING – even if you don’t have a written rental agreement. The landlord can also change the rules of the tenancy with 30 days’ written notice. However, rule changes and rent increases cannot be used to retaliate against the tenant for making repair requests or for asking the landlord to comply with the Landlord-Tenant Act.
5	What should I know about rental agreements which specify a term? A rental agreement which requires the tenant to stay for a specific period of time and restricts the landlord’s ability to change the terms of the rental agreement is sometimes called a lease. If a rental agreement is for a specific term, it must be in writing. During the term of the agreement, the rent cannot be raised or the rules of the agreement changed unless both the landlord and tenant agree and enter into a written agreement to amend the original rental agreement. A tenant may be evicted (except mobile home tenants) at the end of the term of the agreement with no notice. If the tenant remains in the unit past the original term of the agreement, does not sign a new agreement, and the landlord accepts the next month’s rent, the tenancy becomes a month-to-month tenancy. However, the other terms of the original agreement still apply.
6	What if I’m asked to sign a term rental agreement for more than one year? For a variety of reasons it is not advisable to sign a term rental agreement longer than one year. Specific procedures are required to make a multi-year agreement enforceable, and if these are not followed your agreement will default to a month-to-month tenancy after one year. If you have signed or been asked to sign an agreement for a period longer than one year, you should contact an attorney for advice; see the resources at the end of this presentation.
7	Terminating Rental Agreements In a month-to-month tenancy, either the landlord or the tenant can terminate the tenancy by giving the other party 20 days’ written notice before the end of the rental period. It is not necessary to state a reason for the termination in the written notice. A landlord or tenant wishing to terminate a tenancy at the end of a term rental agreement should give proper written notice, and must do so if required by the rental agreement. Read your rental agreement first before counting days! Proper written notice must be given at least 20 days before the end of the rental period but more than 20 days may be necessary if required by the rental agreement. Remember – a landlord may legally proceed to eviction at the end of a term rental agreement without written notice.
8	Is it possible to end my term rental agreement before the end of the rental period without paying the rent for the entire term? If you have a term rental agreement and want to terminate your tenancy before the lease period ends, it is a good idea to get legal advice to be sure you do it properly. There are several circumstances under which you may not be required to pay the rent for the remainder of the term: If you are a victim of domestic violence If you are military and have been deployed If you have properly requested that the landlord make repairs which have not been completed If the unit is unsafe or a threat to health Even if none of these circumstances apply to your case, your liability for the rent should be limited because the landlord has a duty to mitigate damages, which means that if you terminate your rental agreement before the end of the term, your landlord has a legal responsibility to properly market the unit and find another tenant.
9	Changes to Rental Agreements
10	Can I sublet my unit without notifying my landlord? Written residential agreements often provide that a tenant cannot assign the lease or sublet the premises without the consent of the landlord. If your agreement contains such a provision, you may not sublet your unit without a written agreement with your landlord.
11	Do I need the landlord’s consent to have a pet? Check your lease or rental agreement before bringing a new pet home! You can be evicted based on the breach of a “no pets” clause if you fail to remedy the breach after receiving a 10-day notice. Whether you are allowed to have a pet and what kind of pet should be in your rental agreement. If you have a medically prescribed service or companion animal you should consult with one of the resources listed at the end of this presentation to determine your rights and duties.
12	Do I have to let the landlord know if there is a change in the people living in my unit? Tenants have the right to invite guests onto the premises, however this right can be restricted by the terms of the rental agreement. (If you have a written rental agreement which has expired and you are a month-to-month tenant, you must still comply with the terms of the original agreement.) Check with your landlord before inviting someone to move in with you to make sure that you will not be violating a term of your rental agreement. Generally, only the tenants and their children/spouses who are listed on the rental agreement are allowed to permanently reside in the residence without notice to the landlord. If you are a tenant in a mobile home and require care, you may legally have a licensed caregiver live with you if necessary.
13	My landlord is selling the building. What are my rights as a tenant? The sale of the property does not automatically end a tenancy. When a rental unit is sold, tenants must be notified of the new owner’s name and address, either by certified mail, or by a revised posting on the premises. The new owner of the property is subject to the provisions of existing rental agreements. All deposits which the tenants paid to the original owner must be transferred to the new owner, who must put them in a trust or escrow account. The new owner must promptly notify tenants where the deposits are being held. If the rental is being converted into a condominium, the tenant must be given a 90-day notice. If you are unsure how the sale affects you, you should consult with an attorney.
14	The property I’m renting is being sold in foreclosure. What are my rights? Under a new federal law, Public Law No. 111-22, sections701-704 (2009), effective May 20, 2009, the new owner of a foreclosed property must give you a 90-day notice if they want to end your tenancy. However, you must continue to pay your rent to your landlord and to the new owner or you can be evicted. If you have an unexpired lease with more than 90 days left in the term, in most cases the new owner cannot evict you until the end of the lease term. There are two exceptions: If the new owner wants to use the home as their primary residence, in which case only 90 days notice is required; If you do not pay your rent, the new owner can evict you. Section 8 tenants have all the same rights; in addition the new owner is required to honor existing Section 8 voucher leases and Housing Assistance Payments contracts.
15	Rent
16	What do I need to know about paying rent? Valid rental agreements specify when the rent is due and for what amount. It is your responsibility to provide the landlord with the full amount of rent on a timely basis. The landlord must provide you with an address or other mechanism for the collection of rent. A tenant has a right to ask the landlord for a receipt for the rent and a statement of their account. However, you may not withhold rent if the landlord does not provide you with a receipt. If your landlord refuses to provide you with a receipt, consult an attorney for advice. The rental agreement often specifies the form of payments that will be accepted (e.g., cash, check, money order, etc.). It is always a good idea to pay in a form you can trace, such as a check. If you pay cash, make sure you get a receipt. KEEP A COPY of your monthly rent receipts, money order receipts and/or bank statements in case you need to prove you have paid or tendered your rent.
17	What do I need to know about paying rent? (cont.) If you pay your rent by check, be sure there will be funds in the account to cover the rent if the landlord does not cash the check immediately. A NSF check is not properly tendered rent, whether the check has been cashed or not. Your rental agreement may allow your landlord to hold you responsible for late fees and NSF charges, for which you will be liable in addition to any overdraft fees your own bank may charge. If you enter into an agreement with your landlord to exchange labor for rent, put your agreement in writing in case a dispute occurs in the future. If your landlord agrees to allow you to pay in increments or pay your rent late, be sure to get this agreement in writing.
18	Can I ever withhold rent if I am having a dispute with my landlord? No. Even if your landlord violates the law, you may not withhold rent! You must continue to pay rent, and seek a legal remedy from the courts or through dispute resolution. Withholding rent puts you at risk of eviction. Never withhold your rent without first getting legal advice from an attorney.
19	What if I can’t pay my rent? For most people, rent is your primary financial obligation. PAY YOUR RENT FIRST before food, utilities, clothing, etc. If you can’t pay your rent, you should notify your landlord as soon as possible to see if you can make payment arrangements. You should make every effort to come up with the money to pay the rent: Call 211 M-F 8-5 to speak to an information and referral specialist who can connect you to rental assistance, counseling, shelter, health are, and more. If you have children or are receiving TANF, you may be eligible for emergency financial assistance from DSHS. You can apply online at OnlineApp.dshs.wa.gov, call (253) 864-3600, or visit your closest DSHS Community Service Center. If you are a veteran, contact the Pierce County Veterans Bureau, (253) 798-7449 Don’t forget to ask friends, family, tribe, and/or your house of worship for help.
20	Can the landlord lock me out if I don’t pay my rent? No. The law prohibits landlords from changing locks, adding new locks, or otherwise making it impossible for you to use the normal locks and keys. Even if you are behind in rent, such lockouts are illegal. Only the Sheriff, acting on a court order, can physically remove you from the unit. If you are locked out by your landlord: (1) Call the police first. (2) Next, seek legal help immediately. If you are low-income, call CLEAR at 1-888-201-1014. Do not wait. Waiting too long to ask for help could make it more difficult for an attorney to assist you.
21	What if the landlord threatens to lock me out? If your landlord is threatening to lock you out for any reason, be sure to keep a copy of your rental agreement and rent receipts on your person. If you are locked out, CALL THE POLICE immediately and try to get legal assistance as soon as possible. It is also illegal for the landlord to lock you out and threaten to damage, keep and/or sell your possessions to recover rent, or to lock you out and put your possessions in storage. Your possessions can only be removed from the house by the Sheriff acting on a court order and, even if you owe rent, they never become the property of the landlord.
22	Can the landlord shut off my utilities if I am behind in rent? No. The landlord may not shut off utilities because the tenant is behind in rent, or to force a tenant to move out. The landlord can be liable for up to $100 per day in damages for doing so. Utilities may only be shut off by the landlord so that necessary repairs may be made, and only for a reasonable amount of time. If your landlord shuts off your utilities and does not restore them, you should immediately give the landlord a written demand for restoration of utilities. This written demand should be served on the landlord in a way which can be traced, such as personal service or certified mail.
23	What happens if I can’t pay my rent and I receive a 3-day notice to pay or vacate? This notice means that the landlord is giving you notice to pay the rent (in its entirety, including late charges) within in 3 days -- or move. The notice lets you know that if you do not pay or move an eviction (unlawful detainer action or UDA) will be started. If you can pay in the 3-day period it is best to do so. If the rent is not paid in 3 days and you do not vacate the premises, the landlord has a basis to start the eviction process. If you can pay the full amount of the rent owed but not the late fees or other charges, you should pay the rent and designate it as ‘rent only.’ If you are able to do this you may have a defense to the eviction. If you attempt to pay the rent (‘tender’ the rent) and the landlord refuses to accept it, be sure to leave the rent money in the bank to cover the check or you will not have properly tendered the rent. Remember, an NSF check is not properly tendered rent.
24	Will I be thrown out of the unit when the 3 days expires if I can’t pay? NO! A 3-day notice to pay or vacate does not mean that the landlord can physically remove you or lock you out in three days, however the landlord may start an unlawful detainer action if you do not tender the rent within 3 days (see the presentation on The Eviction Process).
25	How to find the law…….. The primary laws in Washington governing residential tenancies are: RCW 59.18, the Residential Landlord-Tenant Act RCW 59.12, the Unlawful Detainer Act 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 Federal and local laws may also apply to your case, depending upon your circumstances, housing situation and location. It is always a good idea to get legal advice using the resources at the end of this presentation to determine the specific rights, responsibilities and legal remedies which may apply to you. 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)
26	Resources
27	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.
28	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.
29	Am I eligible for low-income legal services? Size Monthly
30	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.
31	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.
32	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.
33	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.
34	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).
35	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.
36	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).
37	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.
38	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.
39	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
40	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.