§19.2 - Residential Landlord-Tenant Act of 1973

• Jurisdiction: Washington

§19.2 Residential Landlord-Tenant Act of 1973

The Residential Landlord-Tenant Act of 1973, Chapter 59.18 RCW, regulates most aspects of residential tenancies. Space does not permit a full discussion of each section of the Act; however, the following highlights should enable you to locate the specific section of the Act that pertains to a particular problem. Some sections of the Act are referenced further in Volume 2, Chapter 17 (Landlord and Tenant), of this deskbook. Parts of the Act are patterned after the Uniform Residential Landlord and Tenant Act. See Unif. Residential Landlord & Tenant Act §§1.101-6.104, 7B U.L.A. 289 (1972 & Supp. 2008), for a discussion of the uniform act.

(1) Coverage

Most tenants who are renting a dwelling unit for living purposes are covered by the Residential Landlord-Tenant Act, Chapter 59.18 RCW. A dwelling unit includes a "sleeping place" or "mobile home." RCW 59.18.030(4). Tenants renting only the space in a mobile home park are covered by the Manufactured/Mobile Home Landlord-Tenant Act, Chapter 59.20 RCW.

(2) Exclusions

The following living arrangements are excluded from coverage under the Act, unless established primarily to avoid its application (refer to the Act for other exclusions):

(a)	Residence in institutional living arrangements in which residence is incidental to other services such as licensed nursing homes, dormitories, hospitals, jails, and monasteries. See Sunrise Group Homes v. Ferguson, 55 Wn.App. 285, 777 P.2d 553 (1989).
(b)	Residence under purchase and sale agreements when the resident is a purchaser.
(c)	Residence in hotels, motels, and other transient accommodations as defined in RCW 19.48.010.
(d)	Residence in single-family dwellings on property rented mainly for agricultural purposes.
(e)	Residence in seasonal farmworker housing provided in conjunction with employment.
(f)	Residence of employees of the landlord whose right to live in the dwelling unit is conditioned upon their continued employment around the premises.

See RCW 59.18.040. The Act does not apply to any lease of a single-family dwelling for a period of a year or more or to any lease of a single-family dwelling containing a bona fide option to purchase by the tenant, provided that an attorney for the tenant has approved the exemption on the face of the agreement. RCW 59.18.415.

Note: A landlord-tenant relationship that is excluded from coverage under the Act is still governed by the Unlawful Detainer Act Chapter 59.12 RCW. Eviction without a court order is prohibited. See §19.2 (15).

(3) Admission policies and fair housing laws

The Act does not prescribe or prohibit specific admission or application policies. Prior to obtaining any information about a prospective tenant, the prospective landlord must first notify the prospective tenant of the following: (1) the types of information that will be accessed to conduct the tenant screening; (2) the criteria that will be used to evaluate the information and that may lead to a denial of the application; and (3) the name and address of any consumer reporting agency used and that the tenant has the right to obtain a free copy of the report and dispute the accuracy of information in the report. RCW 59.18.257(1)(a)(i)-(iii). No screening fee may be collected without providing this information. If a prospective landlord takes an adverse action, the prospective landlord must provide a written notice of the adverse action to the prospective tenant, stating the reasons for the adverse action, in a format that is substantially similar to the format described in the statute. RCW 59.18.257(1)(c). There is a limitation on screening fees and penalties for violations. RCW 59.18.257(1)(b).

Federal, state, and local fair housing laws prohibit discrimination in rental transactions, including discrimination in admission policies, the terms and conditions of rental transactions, and evictions. The laws have certain exemptions and exclusions. The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination based on race, color, religion, sex, handicap, familial status, or national origin.

The Washington Law Against Discrimination (WLAD) prohibits discrimination based on sex, marital status, sexual orientation, race, creed, color, national origin, families with children status, honorably discharged veteran or military status, or disability. RCW 49.60.222. The Washington State Human Rights Commission also has promulgated a rule listing unfair pre-employment inquiries. Similar inquiries in rental transactions may be prohibited by analogy. WAC 162-12-140.

Seattle, King County, Bellevue, and Tacoma have local fair housing laws. See SEATTLE MUNI. CODE ch . 14.08; KING COUNTY CODE ch . 12.20; BELLEVUE CITY CODE ch. 9.20; TACOMA MUNI. CODE ch. 1.29. Local ordinances may prohibit discrimination on additional grounds, including age, participation in a Section 8 program, or political ideology. Kirkland and Redmond have local ordinances that prohibit discrimination in rental transactions against applicants who participate in the Section 8 Program. KIRKLAND MUNI. CODE ch. 7.74; REDMOND MUNI. CODE ch. 6.38.

(4) Types of tenancy

There are two major types of tenancies under the Act. They are a tenancy for years or for a specified time and a "periodic," usually month-to-month, tenancy. (There is also a tenancy at will, which is not covered by the Act.) A more detailed discussion of types of tenancies is found in Volume 2, Chapter 17 (Landlord and Tenant), of this deskbook. The general characteristics of each are as follows:

Tenancy for specified time: The rental of property for a specified time is a tenancy for years. This type of tenant is often referred to as having a lease. The term "lease" is not defined in the Act and the term "rental agreement" refers to the agreement covering both periodic tenants and tenants for a specified time. RCW 59.18.030.

A tenancy for years or "lease" must be in writing. A lease for over one year must be in writing and acknowledged like a deed. Leases that are not in writing or that exceed one year and are not acknowledged create a month-to-month tenancy if the tenant takes possession and pays rent on a monthly basis, but are not enforceable for their full term absent any equitable factors such as part performance or estoppel. RCW 59.18.210; RCW 64.04.010- .020; In re Marriage of Irwin, 64 Wn.App. 38, 822 P.2d 797, review denied, 119 Wn.2d 1009 (1992); Armstrong v. Burkett, 104 Wash. 476, 177 P. 333 (1918).

Month-to-month tenancy: A tenant who rents property for an indefinite period of time with rent payable on a monthly or other periodic basis is considered a periodic tenant from month to month or from period to period on which the rent is payable. RCW 59.18.200. A month-to-month tenancy can be created by nothing more than the payment and acceptance of rent. The rental agreement can be either oral or written, unless the landlord collects a deposit. If a deposit is collected, the rental agreement must be in writing. RCW 59.18.260.

Tenancy at will: Persons who occupy residential property for an indefinite period of time without paying or being obligated to pay any rent are generally referred to as tenants at will. These tenancies would ordinarily not be covered by the Act. A tenant at will would include an employee whose employment is terminable at will and who receives housing as part of that employment. Najewitz v. City of Seattle, 21 Wn.2d 656, 152 P.2d 722 (1944). A tenancy at will may be terminated immediately, but the tenant at will must be given a reasonable amount of time to vacate. A property owner may not use an unlawful detainer action under Chapter 59.12 RCW to remove a tenant at will. Ejectment would be the proper remedy. Ch. 7.28 RCW; Turner v. White, 20 Wn.App. 290, 579 P.2d 410 (1978). See Volume 2, Chapter 17 (Landlord and Tenant), of this deskbook for a further discussion of tenancy at will.

(5) Recording the rental agreement

Any rental agreement for two years or more that is not recorded with the county auditor may be void as to third persons who lack notice. RCW 65.08.070; RCW 65.08.060(3). The rental agreement still is enforceable between the parties and against third persons who have notice. The tenant's possession of the property ordinarily will give inquiry notice of the rental agreement to the purchaser and the rental agreement generally will be binding on the purchaser even if there is no recording. Paganelli v. Swendsen, 50 Wn.2d 304, 311 P.2d 676 (1957) (dictum).

(6) Deposits and fees

Landlords may collect money at the commencement of a tenancy that is described as a deposit or fee. These sums of money variously are referred to as application fees, holding deposits/fees, damage deposits, security deposits, nonrefundable fees, cleaning fees, and first and last month's rent. The characteristics of each are described below.

Application fee: A landlord may charge a fee for obtaining background information on a prospective tenant, provided that certain written disclosures are made in advance. The fee is limited to the costs incurred. There is a penalty of up to $100 for violations. RCW 59.18.257.

Holding deposit/fee: A holding fee can be collected after a unit is offered to the tenant. There must be a written receipt describing its refundability, if any. If the tenant takes the unit, the holding fee must be applied towards the deposit or the first month's rent. A landlord may not withhold a fee or deposit if the dwelling unit fails a tenant-based rental assistance program inspection. RCW 59.18.253(3). A penalty of up to two times the fee or deposit can be assessed for violations. RCW 59.18.253(4).

Damage/security deposit: This is a sum of money collected by the landlord to indemnify the landlord for any physical damage to the property caused by the...