Most Tenants Who Rent A Place To Live Come Under The State's Residential Landlord Tenant Act

atg.wa.gov, Aug 19, 2005

Who Is Covered By The Law

Most tenants who rent a place to live come under the state's Residential Landlord-Tenant Act. However, certain renters are specifically excluded from the law.

Those who are generally not covered by the Residential Landlord-Tenant Act are:

• Renters of a space in a mobile home park. They are usually covered by the state's Mobile Home Landlord-Tenant Act (RCW 59.20). However, renters of both a space and a mobile home are usually covered by the residential law.

• Residents in hotels and motels.

• Residents of public or private medical, religious, educational, recreational or correctional institutions.

• Tenants with an earnest money agreement to purchase the dwelling.

• Tenants who lease a single-family dwelling with an option to purchase, if the tenant's attorney has approved the lease on it's face.

• Tenants who have signed a lease option agreement but have not yet exercised that option are still covered.

• Residents of a single family dwelling which is rented as part of a lease for agricultural land.

• Residents of housing provided for seasonal farm work.

• Tenants who are employed by the landlord, when their agreement specifies that they can only live in the rental unit as long as they hold the job (such as an apartment house manager.)

• Tenants who are leasing a single family dwelling for one year or more, when their attorney has approved the exemption.

• Tenants who are using the property for commercial rather than residential purposes.

Rights of All Tenants
Renters who are not covered by the Landlord-Tenant Act do have these basic rights under other state laws:

• Right to a livable dwelling.

• Protection from unlawful discrimination.

• Right to hold the landlord liable for damage caused by the landlord's negligence.

• Protection against lockouts and seizure of personal property by the landlord.

Moving In
Types of Rental Agreements
A rental agreement between the landlord and tenant sets down the terms which will be followed while the tenant lives in the rental unit.

The following is a description of the two most common types of rental arrangements: leases and month-to-month rental agreements. But whatever a rental agreement is called, it's important to read the document carefully to learn its exact terms.

Month-to-Month Agreement. This agreement is for an indefinite period of time, with rent usually payable on a monthly basis. The agreement itself can be in writing or oral, but if any type of fee or refundable deposit is being paid, the agreement must be in writing.

A month-to-month agreement continues until either the landlord or tenant gives proper notice to end it.

The rent can be raised or the rules changed at any time, provided the landlord gives the tenant proper notice.

Lease. A lease requires the tenant to stay for a specific amount of time and restricts the landlord's ability to change the terms of the rental agreement. A lease must be in writing to be valid.

During the term of the lease, the rent cannot be raised or the rules changed unless both landlord and tenant agree.

Leases of one year or more are exempt from the Landlord-Tenant Act, but only if the tenant's attorney has approved such an exemption.