Seattle residential landlord-tenant law has grown in complexity, and not in favor of landlords. Given the complexity of Seattle landlord-tenant law, it is prudent to consult with an attorney before taking any action. Here are a handful of examples.
The winter eviction ban statutory language can be read to apply only to a narrow set of rental properties. The results of this legal argument may vary from one judge to another unless and until the Court of Appeals rules on the issue.
Rent increases are very complicated under Seattle law, let alone trying to comply with both state and local law. A court-appointed attorney for the tenant may question whether rent increases were technically correct and therefore challenge the amount of rent owed, or argue that none is owed as the tenant has “overpaid.”
Seattle tenants have a right of first refusal. Seattle landlords must offer a new lease to tenants before the current lease expires. The offer must be properly served and within certain timeframes. Failure to comply with this law may result in the landlord being liable to the tenant. Under state law, a landlord may end a tenancy at the end of the lease term with 60 days’ prior notice under certain circumstances. This is just one example of how state and local laws arguably conflict. These nuances make the outcome of an eviction case more difficult to predict and highlight the need for the landlord to have legal counsel.
Seattle Eviction Laws
Seattle rental property registration
Seattle residential landlords are required to register the rental property with the City of Seattle. Failure to do so before serving any eviction notice is a defense in an eviction case.
The Seattle winter eviction ban provides a defense to eviction between December 1 and March 1. The winter eviction ban does not apply to landlords who own 4 or fewer residential rental units in Seattle (even though the City website and other online sources state as owning fewer than four properties).
School Year Eviction Ban.
A Seattle landlord may not evict a tenant during the school year if the household has a minor child or student enrolled through the 12th grade or an educator. Note that “school” and “educator” are broadly defined and include more than just K-12 schools and teachers.
While the Washington state-wide just cause eviction law and the Seattle just cause eviction law overlap, they also differ in many ways. It is important to understand that a landlord must comply with all laws–federal, state, and local.
Seattle Screening and Rent Increases
Seattle First-in-Time Law
Seattle residential landlords must log all rental applicants and offer the rental to the first qualified applicant. Landlords are required to provide all prospective tenants with notice of the landlord’s criteria and all information required to apply to rent the property. The landlord must offer the rental to the first qualified applicant.
The prospective tenant has 48 hours to accept. If the prospective tenant declines or fails to respond, the landlord must offer the rental to the next qualified applicant in chronological order.
Seattle Criminal Background Check Limitations
While there are limits to the use of criminal background checks in renting that apply outside of Seattle, in Seattle local law essentially prohibits landlords from screening any rental applicant for criminal background. There are exceptions when the landlord shares a single-family home or a property with an accessory dwelling unit (example: a mother-in-law unit). Landlords may review sex offender registration, but this must be disclosed in advance, the applicant must be informed that they may provide supplemental information, and the use of the information is limited.
Seattle Security Deposit and Move-in Fees Limitations
A Seattle ordinance limits security deposits and move-in fees. The law limits security deposits to the first full month’s rent. Pet deposits are limited to 25% of the first full month’s rent. Non-refundable fees are limited to a few specified items, and cannot exceed 10% of the first full month’s rent. Seattle residential landlords are required to accept a payment plan for all move-in costs.
Seattle Rent Increases
Rent increases under state law must use mandatory language and be served with the same time and manner as an eviction predicate notice (pay rent or vacate, etc.).
All Seattle residential rent increases must have certain mandatory language required by local law in addition to the required state law form language. Rent increases must be served either personally or by both regular and certified mail. Email or other methods do not comply with Seattle law or state law. Rent increase must give 180 days’ notice.
State law caps rent increases annually at 7% plus inflation, or 10%. Under Seattle law, if a rent increase is 10% the landlord must include a form published by the City, and the landlord may have to pay relocation assistance. Rent caps apply to a single increase or to cummulative increases