Lease Tips

Contracts

GET EVERYTHING IN WRITING. A rental contract is an agreement between you and the landlord. Contracts may be verbal or written, but even if your rental contract can legally be verbal, it is to your advantage to get it in writing. If you do make an oral agreement, make sure a witness is present. A written contract must be signed by both parties, and serves as a binding document.

There are two types of rental contracts: leases and month-to-month tenancies.

Leases are for a fixed period of time, and must be in writing. During the lease period, rent cannot be increased and rules cannot be changed unless agreed upon by both you and the landlord. You cannot be evicted unless you violate any provisions of the lease. Usually no notice is required to move out at the end of the lease period.

Agreements for a month-to-month tenancy may be written or oral. Still, it's a good idea to get any agreements with your landlord in writing. Either you or your landlord may end the tenancy with written notice at least 20 days before the end of the rental period. Within Seattle city limits, however, there is a "just cause" eviction ordinance, which prevents a landlord from terminating a month-to-month tenancy even if he/she does give at least 20 days prior written notice, except for certain reasons. Your landlord may raise rent by up to 10% or change rules any time as long as he/she gives you written notice 30 days prior to the end of the rental period. To raise rent 10% or more your landlord must give you a written notice 60 days prior to the end of the rental period. Even if you have a month-to-month agreement, if the landlord is charging you a security or damage deposit or fee, that portion of the agreement must be written.

Rental Agreements that look like a lease have a clause which says that the tenant will forfeit the deposit unless he/she stays for a minimum number of months. This clause does not necessarily mean that you have a lease. The landlord may try to raise rent or change rules with 30 days' notice, or evict you with 20 days' notice before the end of the rental period. If you can, avoid this kind of ambiguous agreement.

To determine if proper notice has been given, the first day is the day after written notice has been received and the last day must be no later than the day before the rent due date. For example, if you pay rent on the first of the month and you want to move out on the first of September, then your landlord must receive notice by August 10 for the 20 day period to begin August 11. Keep mailing time in mind.

Remember, "getting it in writing" protects you and your landlord, so make sure you read everything before you sign, and know what you're agreeing to do, or not to do. To keep in mind...

Read, read, read! Make sure you understand the contract and it's implications. If you have any questions about any of the terms of the contract, make sure they are answered to your satisfaction before you sign.

Get all promises written into the contract, before you sign. Include in the written contract any repairs, deposits, or conditions of tenancy which the landlord has agreed to.

Keep a copy for future reference in a safe place.

Yes, you can get out of a contract - if both parties agree, or if the contract is invalid. Check with us in HUB G20 or Student Legal Services for information on the proper way of getting out of an invalid lease.

Deposits/Fees

Officially, deposits are money paid to the landlord to guarantee the tenant's performance according to the lease or rental agreement. All agreements providing for payment of a deposit or fee must be written and must indicate under which circumstances the deposit will be returned to you. The term deposit requires by law that the money be refundable. If there are any non-refundable fees, they must be stated as such in the contract or lease. Sometimes landlords will combine the fees and deposits. In this case, make sure each specific amount is stipulated in the contract/lease and that you receive a receipt for each deposit and fee. A damage deposit may only be collected if there is also a statement or Housing Inventory checklist describing the condition of the premises as of the time you move in. This all must be signed by the landlord or manager, and by you.

The Landlord-Tenant Act does not name types of deposits and fees, but here is a list of the most common deposits and fees requested by landlords:

Security Deposits are paid for your landlord's security, not yours. They protect your landlord from any possible monetary losses you might cause. For example, if you move out without paying the rent, your landlord could keep all or part of your security deposit to cover this loss.

Damage Deposits protect your landlord from costs due to actual physical damage caused by you or your guests. Your landlord cannot withhold any of this deposit for normal wear and tear.

Holding Fees are paid to keep a unit open for your option to move in. As of July 28, 1991, the landlord can only require such a deposit after you have been offered a rental unit. This deposit agreement must be in writing, and has to state under which conditions, if any, the deposit or fee will be refunded; but again, the agreement must notify you of that fact. If you do move in, this deposit must be applied to your first month's rent.

Cleaning Fees are used to clean the unit after you move out. Some landlords require a nonrefundable cleaning fee which you can't recover no matter how clean you leave the place. If this is the case, your rental agreement must clearly state that the cleaning fee is not refundable. If no amount is labeled a cleaning fee, then all of the deposit will be for damages (or another purpose indicated in writing). Some landlords will try to withhold part of a damage deposit for cleaning. If the cleaning is just for normal wear and tear, such as routine rug cleaning, withholding of the damage deposit for cleaning is not authorized, and you might consider pursuing legal action.

Presentation Fees are nonrefundable fees that will be used to advertise your unit after you've given notice that you plan to move out. Again, deposit reservations for this purpose must be clearly stated in you rental agreement.

Last Month's Rent paid in advance is exactly that- rent for your last month of tenancy.

Your deposit must be held in a trust account for the length of your tenancy, and your landlord must tell you the name and address of the bank where the account is maintained. Unless otherwise agreed in writing, your landlord is entitled to keep any interest your deposit earns. If he/she doesn't maintain a trust account or won't tell you where it is, it should be a signal to you that it may be difficult to deal with the landlord in the future.

Unfortunately, there are no limits on the amount your landlord can ask for in deposits. And, if you're a month-to-month tenant, you landlord can change the requirements for deposits by giving you written notice 30 days before the end of the rental period.

Within 14 days after you move out, your landlord must either: (a) refund your deposit or (b) give you a written itemization of the reasons why all or part of the deposit will be retained. This notice and the amount to be refunded should be given to you in person or mailed to your last known address. Remember to leave a forwarding address! It is best to check the unit with your landlord and have him/her sign a Housing Inventory Checklist before you give over your keys.

It is important to note that the damage deposit is not the maximum amount you may have to pay if you damage your rental unit. Your landlord could sue for their out-of-pocket expenses if those expenses exceed the amount of the damage deposit. And if they win, you may be liable for their attorney's fees.

If your landlord refuses to refund your deposit within the stipulated 15 days, you may sue them to recover your deposit. The landlord may counter sue, however, for any damages in excess of the amount of the damage deposit. If the amount of your claim is less than $2,500, you can file in Small Claims Court. Otherwise you will have to bring your case to District Court or Superior Court. The person who loses the suit may be liable for the other person's attorney's fees. Check the suggestions in the sections Moving In and Going to Court to avoid hassles if suing your landlord. The landlord can be held liable for up to twice your damage deposit.