A successful lease or rental agreement takes two cooperative sides – each with unique rights and responsibilities.
Last week with assistance from, our housing counselor, Royce Travis, we discussed some of the rights and responsibilities of the landlord.
Today we want to finish that discussion, but first some critical reminders for landlords:
- Do your best to start with good renters.
Hastily selected tenants often lead to problems later. Royce recommended putting in the time up front to do background checks to make sure prospective tenants are responsible folks who will pay their rent on time.
- Make use of the "walkthrough inspection" before signing the rental or lease agreement
. Going through the unit with the potential tenant and together writing down any damage – large or small – protects the landlord as much as the renter. Taking pictures also helps document the condition of the unit or house.
- The Washington State Landlord/Tenant Act clearly defines responsibilities for each of the parties in this relationship.
Everything from who supplies light bulbs (tenants once they’ve moved in) to how hot the water heater must be set at (120 degrees), is included in this document. A copy can be obtained from our office at 710 E. Market St. in Aberdeen.
Deposits and special fees
Typically before a new tenant can move in, landlords require a "damage deposit" equal to one month’s rent in addition to the first month’s rent. This is intended to cover any damage beyond "normal wear and tear."
In the case of this refundable deposit, state law requires that a checklist or report of the unit’s condition ahead of time be filled out and signed by all parties. The tenant must also be given a signed copy. You can get a sample copy from the Attorney General’s office or from us at ANHS.
The law requires that deposits be placed in a trust account, a bank, or with an escrow company, and that the tenant be told in writing where the deposits are kept. Any interest earned on that money belongs to the landlord.
Non-refundable fees can also be charged, but the landlord cannot call them a "deposit." These fees would include things like a special charge for pets or a cleaning fee. The rental agreement must indicate when non-refundable fees are being charged.
When can a landlord enter?
Once a tenant has taken up residency, a landlords must give the tenant at least 48 hours notice if they intend to enter the unit.
The exception to this is in case of an emergency – such as a substantial water leak or fear for the life of the tenant, or if the property has been abandoned. (Abandoned is defined as the tenant, having not paid the rent and indicating that they no longer want to live in the unit.)
The law definitely protects the privacy rights of tenants. However, it also states that tenants must not "unreasonably" refuse access if the landlord has given one day’s notice to enter, at a specific time, to show a prospective purchaser or tenant.
Illegal actions of a landlord
The law is very specific about some actions a landlord cannot take. A landlord cannot:
- Lock a tenant out
- Change the locks or add new locks, even if the tenant is behind in rent.
- Take tenants’ property
- Rent condemned property
- Shut off utilities
- Retaliate against a renter for bringing up repair concerns
The sticky business of eviction
Hopefully most landlords will follow Royce’s advice and screen prospective tenants closely. But, if the need arises to evict a tenant, the law is very specific on how it must be done.
In general a landlord must give a tenant at least a 20-day notice before the end of the rental period to move out if there is no specific cause or reason to ask someone to leave (as long as it’s not discriminatory or retaliatory).
However, If a tenant has not paid rent, the landlord can issue a three-day "pay or vacate" notice.
If the tenant is not complying with terms of the rental agreement, a 10-day notice to comply or move out can be given.
And, if the tenant is creating "a waste or nuisance," a three-day notice to move out can be given and is irrevocable.
If you have questions about any of this, Royce Travis, here at ANHS can help guide you. Give her a call at 533-7828.
Dave Murnen and Pat Beaty are construction specialists at Aberdeen Neighborhood Housing Services, a non-profit organization committed to creating safe and affordable housing for all residents of Grays Harbor County. Do you have questions about home repair, remodeling or becoming a homeowner? Call us at 533-7828, write us at P.O. Box 407, or visit us at 710 E. Market St. in Aberdeen.
