Seattle Residential Lease Agreement

Important Information for Seattle Landlords

Seattle Rental Law Highlights

Seattle Just Cause Eviction Ordinance (SMC 22.206.160)

• Coverage: Applies to most residential rental units in Seattle
• Exemptions: Owner-occupied buildings with 4 or fewer units; certain other limited exceptions
• Just Cause Required: Cannot evict or fail to renew lease without enumerated just cause
• 18 Just Causes: Including nonpayment, lease violations, owner move-in, substantial rehabilitation, sale of property, demolition, and others
• Relocation Assistance: Required for certain no-fault evictions
• Notice Requirements: Vary by cause; 60-180 days for some no-fault causes

Security Deposits (RCW 59.18.260-285)

• Maximum Amount: One month’s rent (Washington state law)
• Pet Deposit: Maximum 25% of one month’s rent per pet (not to exceed two pets)
• Return Timeline: 21 days after tenant vacates
• Itemized Statement: Required if any deductions are made
• Interest Required: No
• Move-In Checklist: Required; tenant has right to document condition
• Penalties: Twice the deposit amount for bad faith withholding

Rent and Fees (SMC Ch. 7.24, RCW 59.18)

• Rent Increases: 60-day notice required; 180-day notice for increases of 10% or more (SMC 7.24.030)
• Late Fees: Maximum $10 per day after 5-day grace period OR 10% of monthly rent (SMC 7.24.050)
• NSF Fees: Maximum $30 per occurrence (RCW 62A.3-104)
• Move-In Fees: Nonrefundable fees limited to $100 or less
• No Rent Control: Washington state prohibits rent control

Required Disclosures (RCW 59.18, SMC ordinances)

• Landlord/agent name and address (RCW 59.18.060)
• Move-in checklist (RCW 59.18.260) – required
• Mold disclosure and information (RCW 59.18.060)
• Smoking policy (RCW 59.18.130)
• Fire safety and emergency procedures
• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Notice of tenant screening criteria (SMC 14.09) – Fair Chance Housing
• Just cause eviction information and tenant rights

Just Cause Eviction – SMC 22.206.160

• At-Fault Causes: Nonpayment, lease violations, nuisance, illegal activity, refusal of reasonable access, assignment/subletting without permission, tenant-caused damage, etc.
• No-Fault Causes: Owner/relative move-in, sale of property, substantial rehabilitation, demolition/conversion, religious organization use, shared housing situations
• Relocation Assistance: Required for low-income tenants in certain no-fault evictions (2-3 months’ rent)
• Notice Periods: 14 days (nonpayment), 10 days (violations), 30-90 days (at-fault), 60-180 days (no-fault depending on cause)
• Good Faith Requirement: Owner move-ins must be genuine; penalties for violations

Eviction and Termination (RCW 59.12, SMC 22.206)

• 14-Day Notice: For nonpayment of rent (pay or vacate)
• 10-Day Notice: For lease violations (comply or vacate)
• 3-Day Notice: For waste, nuisance, or illegal activity
• 20-Day Notice: To terminate month-to-month (must have just cause in Seattle)
• Court Process: Unlawful detainer action required
• No Self-Help: Lockouts and utility shutoffs are illegal

Landlord Obligations (RCW 59.18.060)

• Habitability: Must maintain in reasonably safe and sanitary condition
• Essential Services: Heat, water, hot water, electricity
• Repairs: Must maintain structure, common areas, facilities in good repair
• Heating System: Adequate heating system required
• Smoke Detectors: Required in all units; landlord must maintain
• Carbon Monoxide Detectors: Required in units with fuel-burning appliances
• Mold Prevention: Must prevent and address mold issues

Entry Requirements (RCW 59.18.150)

• Notice Required: 2 days’ notice (48 hours) required except emergency
• Reasonable Times: During reasonable hours only
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Repairs, inspections, showings, court orders

Tenant Protections (RCW 59.18, SMC ordinances)

• Repair and Deduct: Limited right for minor repairs
• Rent Withholding: For serious habitability issues
• Retaliation Protection: Cannot retaliate for tenant complaints (RCW 59.18.240)
• Lockout Prohibition: Illegal; tenant can sue for damages
• Fair Chance Housing: Limits on criminal history screening (SMC 14.09)
• First-in-Time Rule: Must rent to first qualified applicant (SMC 14.08)

Seattle-Specific Requirements

Just Cause Eviction Ordinance

• One of strongest tenant protection laws in United States
• Cannot evict or refuse to renew lease without enumerated just cause
• 18 specific just causes enumerated in ordinance
• Extended notice periods for many no-fault causes
• Relocation assistance for low-income tenants (economic evictions)
• Significant penalties for violations
• Applies to nearly all rental housing in Seattle

Relocation Assistance – SMC 22.206.160(C)(1)(g)

• Required for certain no-fault evictions of low-income tenants
• Amount: 2-3 months’ rent depending on unit size
• Applies to demolitions, substantial rehabilitation, owner move-in (if tenant is low-income)
• Must be paid before tenant vacates
• Tenant has right to remain until paid

Extended Notice Periods

• 60-day minimum notice for many no-fault evictions
• 90-day notice for owner move-in or sale of property
• 120-day notice for substantial rehabilitation or demolition
• 180-day notice for rent increases of 10% or more
• Much longer than Washington state minimums

Fair Chance Housing – SMC 14.09

• Limits landlord’s ability to use criminal history in screening
• Cannot ask about criminal history before making conditional offer
• Must provide written notice of screening criteria
• Individualized assessment required if considering criminal history
• Certain convictions cannot be considered (e.g., marijuana, old convictions)

First-in-Time Rule – SMC 14.08

• Must rent to first qualified applicant who meets screening criteria
• Cannot “hold” unit while waiting for better applicant
• Must use consistent, objective screening criteria
• Significant penalties for violations

Late Fee and Notice Requirements

• Maximum late fee: $10/day or 10% of monthly rent
• Must provide 5-day grace period before charging late fees
• 180-day notice for rent increases of 10% or more
• 60-day notice for rent increases under 10%

Fair Housing Requirements

Best Practices for Seattle Landlords

• Understand Just Cause Eviction Ordinance – applies to most rentals
• Limit security deposits to one month’s rent plus 25% per pet (max 2 pets)
• Provide move-in checklist and document property condition
• Return deposits within 21 days with itemization
• Provide 2 days’ notice (48 hours) before entry
• Give 60-180 day notice for rent increases depending on amount
• Limit late fees to $10/day or 10% of rent with 5-day grace
• Ensure just cause exists before evicting or refusing renewal
• Budget for relocation assistance if no-fault eviction needed
• Comply with Fair Chance Housing and First-in-Time rules
• Never use self-help eviction methods
• Document everything in writing
• Stay current on Seattle rental ordinances (frequently updated)
• Consider legal counsel given complexity of Seattle laws

Seattle Climate Considerations

• Marine Climate: Mild, wet winters and dry summers
• Temperature Range: 40°F to 75°F typical range
• Rainy Season: October through May (frequent rain)
• Dry Summers: July and August typically dry
• Moderate Temperatures: Rarely very hot or very cold
• Heating Important: Needed October through May

Resources

• Seattle Department of Construction & Inspections (SDCI)
• Seattle Office of Housing
• Tenants Union of Washington State
• Seattle Municipal Code – Chapter 22.206 (Just Cause Eviction)
• Seattle Municipal Code – Chapter 7.24 (Rent Increases)
• Seattle Municipal Code – Chapter 14.08 (First-in-Time)
• Seattle Municipal Code – Chapter 14.09 (Fair Chance Housing)
• Washington State Residential Landlord-Tenant Act (RCW 59.18)
• Rental Housing Association of Washington