Tenant/Landlord Laws

Landlord Tenant Act

In Washington, the rights and responsibilities of landlords and most tenants in residential housing are governed by the Residential Landlord / Tenant Act of 1973, RCW 59.18. Before you rely on the following information; (1) be sure to consult the complete Act (copies are available in our office), (2) make sure you are covered by the Act, and (3) contact Student Housing Affairs or Student Legal Services for clarification and answers to your questions.

UW Student Legal Services
HUB G-16
(206)543-6486

The Landlord-Tenant Act generally applies to residences or sleeping places which are rented in homes, multiplexes, and apartments. It does not generally apply to the following types of residences; some of the exceptions to the Act are places where students live:

  • Public or private institutions where residence is incidental to: Educational Service (residence halls and family housing), Medical Service (hospitals and nursing homes), Recreational Services (camps and resorts), Correctional Facilities, Religious Facilities.
  • Hotels or motels.
  • Migrant workers' residences.
  • Landlords' employees whose right to occupy is dependent upon a job in or about the residence (live-in maids or babysitters, or an apartment manager).
  • Rental of residence in conjunction with land used primarily for agricultural purposes.

There are a few other instances where the Act does not apply. Feel free to contact Student Housing Affairs or Student Legal Services if you are not sure whether or not the Landlord-Tenant Act applies to your living situation.

Please visit the Washington State Attorney General's webpage - Landlord / Tenant Act.

Landlord's Responsibilities:

Your landlord can't just collect money and disappear. Your landlord is obligated to:

  • Maintain and repair the premises in compliance with codes, statutes, ordinances, or regulations governing the maintenance or operation of the premises.
  • Maintain all the structural components of the dwelling in reasonably good repair (roofs, floors, walls, chimneys, fireplaces, foundations).
  • Keep common areas reasonably clean, sanitary and safe; e.g., laundry rooms, garages, pools, etc.
  • Control infestation by insects, rodents, and other pets, except during tenancy in a single family unit.
  • Provide adequate locks and keys.
  • Maintain the electrical, plumbing, heating, and other rental facilities and appliances in reasonably good working order.
  • Maintain the premises in reasonably weather-tight condition.
  • Provide garbage pick-up service and trash cans, except in the case of single-family residences.
  • Provide adequate facilities to supply heat, water, and hot water.
  • Designate the name and address of the landlord by statement in the rental agreement or a conspicuously placed notice on the premises.
  • Provide a checklist inspection if a security deposit or fee is charged.
  • Provide adequate smoke detectors.

Tenant's Responsibilities:

The Landlord-Tenant Act lists the duties of tenant and landlord, as well as measures for the landlord to take if you as a tenant do not meet the following obligations:

  • Pay your rent and any utilities at the times and in the amount provided for in the rental agreement.
  • Keep the premises as clean and sanitary as conditions permit.
  • Don't allow trash to accumulate and dispose of it properly.
  • Assume cost of extermination and fumigation for infestation caused by you; e.g., if your cat has fleas, you are responsible for the cost of extermination of the fleas.
  • Properly use and maintain all electrical, gas, heating, plumbing, and other fixtures and appliances supplied by the landlord.
  • Don't allow a nuisance to continue (a constantly barking dog, all-night loud stereo playing, etc.)
  • When you move out, be sure to clean everything. You aren't responsible for reasonable wear and tear or problems caused by the landlord's failure to comply with his/her obligation.
  • Follow obligations and restrictions contained in the rental agreement concerning the use and maintenance of your dwelling unit (as long as these restrictions are not in violation of the Landlord-Tenant Act or state and local laws).
  • Don't engage in or allow others to engage in drug related activity at the rental premises. If you don't fulfill your obligations as a tenant, the Act does provide remedies to your landlord. If he/she suffers damages or losses because you didn't carry out your duties, your landlord could (a) sue you, (b) submit the situation to arbitration, or with proper notice (c) evict you.

The Act also provides remedies if your landlord doesn't keep up his/her end of the bargain, as specified above. If you suffer damages or losses due to your landlord's failure to carry out responsibilities, you may be able to recover your losses. For more information check the Tenants Union at www.tenantsunion.org, see us in HUB G20, or contact the UW Student Legal Services in HUB G-16.

The UW Student Legal Services may be able to help in these areas. Every student enrolled at the University of Washington may have a free 40 minute consultation with a legal intern. (There is a minimal charge for services beyond the initial consultation.) The interns are third-year law students who are supervised by a staff attorney and volunteer practicing attorneys. The intern can go over your case with you and help you prepare for Small Claims Court. Also, if your case involves a more difficult legal question, the intern may advise you of the advantages of filing in District Court and represent you in District Court if you wish.

Right of Entry

Your landlord is only authorized to enter your dwelling without your consent when (1) there is an emergency or (2) you have abandoned your dwelling. Otherwise, the landlord cannot enter your place without your consent, although your consent may not be unreasonably withheld. He/she may reasonably ask to enter to make necessary repairs (to supply necessary or agreed services, such as installing appliances); to check for damages; or to show the place to prospective tenants, possible purchasers, repair people, or contractors. The landlord can enter your dwelling only at reasonable hours and he/she must give at least 48 hours oral or written notice. Exception- one day's prior notice is required where the landlord needs access at a specified time to show the premises to prospective purchasers or tenants, as long as the landlord does not "excessively" show the premises.

Either your landlord or you may be found liable for up to $100 for each violation of the "right of entry" provisions if you continue to ignore the above requirements after being given one written notice alleging a violation and listing the time and date of the violation. The losing party may also have to pay the other side's cost and attorney's fees.

Discrimination

In Seattle, landlords may not legally refuse to rent to you or treat you differently because of your sex, marital status, race, creed, color, national origin, physical disability, political ideology, sexual orientation, religion, children, or ancestry.

If you feel you have been discriminated against in the housing market because you are a member of one of these groups protected by law, you may be able to force the landlord to rent to you and/or get money damages and attorney's fees by doing any of the following:

  1. Start a lawsuit.
  2. File a complaint with:
    • Seattle Office for Civil Rights (206) 684-4500 (Discrimination cases must be filed within 180 days of the occurrence and within Seattle city limits.)
    • Washington State Human Rights Commission (206) 464-6500 or 1-800-605-7324.
    • Department of Housing and Urban Development, Seattle Office (206) 220-5172.