Tenant Tip: Changes to the Residential Landlord-Tenant Act

Washington State capitol building

Several sections of the Residential Landlord-Tenant Act (RLTA) recently changed and took effect as of July 22, 2011. The changes to these sections of the law came about through a consensus-based process between landlord groups and tenant advocates working with state legislators in passing this bill. Because of the consensus process, there are many more changes that tenant advocates would like to see made to the RLTA, however many of those changes did not take effect during the last legislative session.

The next several tenant tips will discuss these changes, give a brief overview of what they mean for tenants, and describe how they may be different from the laws prior to this bill passing.

Because the tenant tip is not legal advice and cannot be regarded as such, this general information can be used for tenants to learn about the law changes and understand how they may affect someone’s particular situation as well as what steps to take in asserting renters’ rights based on the law.

The law changes include:

• new sections added to the RLTA .
• language that was removed or added to existing sections.
• clarifications to some definitions.

While several tenant tips to follow in the next few months will address each change and give more detailed information, tenants can access the state’s legislature website to read on Substitute House Bill 1266, which includes the changes to the RLTA.

The information contained in these Tenant Tips or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Solid Ground Tenant Counselors offer these tenant tips as generalized information for renters. People with specific questions should call our Tenant Services hotline at 206.694.6767  Mondays, Wednesdays & Thursdays between 10:30 am and 4:30 pm.

Tenant Tip: Legislative advocacy

Tenant Services is part of a group of Housing Advocates working to help shape policy and decision making at the city, county and state levels in order to make changes in housing laws impacting thousands of tenants in Washington State. Our biggest focus is to address and eliminate housing barriers that many individuals and families face.

Our legislative agenda priorities are:

• Change the law to protect individuals who are denied housing due to wrongful and unlawful evictions on their records.
• Eliminate repeated costly application and screening fees that force tenants with low incomes to choose substandard rentals or prevent them from getting housing.
• Address an alarming concern that domestic violence, stalking or sexual assault survivors are illegally denied housing based on their status as survivors.

We are happy to discuss these issues in detail with community members who are interested in becoming involved in our advocacy efforts and who want to learn more about how they can share their stories to help change the laws. While our advocacy efforts are strong and we are working directly with state legislators and community advocates, the most influential stories are from individuals who have been and are still being denied housing and want to voice their concerns.

Tenants who are interested in sharing their stories with legislators can contact Solid Ground’s Tenant Services staff directly to learn more about our legislative advocacy work and ask questions about how they can become involved. Our program can help prepare individuals to share their stories and engage legislators in listening to all tenants who face these issues.

Contact our direct advocacy line at 206.694 6748 and leave a brief message with your information and how you have faced barriers to housing. You can also email us at: tenantwa@solid-ground.org to find out more about the different ways to become involved.

Documentary and discussion on tenants’ rights & housing justice

The Tenants Union is inviting tenants, housing advocates and interested community members and activists to attend the viewing of the documentary film The Fall of the I-Hotel on June 29th from 6:30-8:30pm. Following the film there will be a dialogue on tenants’ rights and housing justice issues.

This event will address some of the housing, civil rights and discrimination issues portrayed in the film and focus on Seattle’s own fight to save affordable housing. This community dialog and discussion will include Dr. Estella Habal, author of the book:  San Francisco’s International Hotel: Mobilizing the Filipino American Community in the Anti-Eviction Movement.

What: Documentary screening and community dialogue on affordable housing
When: Wednesday, June 29th, 2011, 6:30-8:30pm
Where: Rainier Valley Cultural Center, 3515 S. Alaska St., Seattle WA 98118
Suggested Donation: $15, (No one will be turned away for lack of funds.)

To find more information about other ways tenants can become involved in grassroots organizing and advocacy around housing justice issues, how to join the Tenants Union as a member, and other ways to show support go to the TU membership webpage.

Tenant Tip: Withholding rent

Do not withhold rent if the landlord is not making repairs.

Tenants must be current on their rent payments to access the repair remedies written into Washington State Landlord/Tenant law. Even if the repairs are extremely severe, withholding rent can leave renters vulnerable to eviction.

For more information on your rights to get repairs made, go to www.walawhelp.org or Solid Ground’s Tenant Services website, or view previous Tenant Tips about repairs.

The information contained in this tip or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Solid Ground Tenant Counselors offer these tenant tips as generalized information for renters. People with specific questions should call our Tenant Services hotline at 206.694.6767  Mondays, Wednesdays & Thursdays between 10:30 am and 4:30 pm.

Tenant Tip: Additional protections for DV survivors

Domestic violence survivors have extra protections under Washington State laws governing tenancy.

Domestic violence survivors cannot be discriminated against because of their status as survivors, or because of damage perpetrators cause to the units survivors live in. Survivors also have the right to legally break their lease to escape an abuser. You can see the specifics about lease breaking for survivors and what documentation is needed as well as other protections by reading RCW 59.18.570 through 59.18.585.

In addition, landlords cannot refuse to rent to you because of your status as a domestic violence survivor. Due to the complexity of domestic violence, tenants who are in these situations may find it helpful to discuss their situation with a Tenant Counselor to get general information as well as referrals to free legal services, domestic violence support and other community resources that are available.

The information contained in this tip or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Solid Ground Tenant Counselors offer these tenant tips as generalized information for renters. People with specific questions should call our Tenant Services hotline at 206.694.6767  Mondays, Wednesdays & Thursdays between 10:30 am and 4:30 pm.

Tenant Tip: Community Resource Exchange, 4/22, 9am-3pm, Qwest Field

Individuals experiencing homelessness and those who have questions about housing search can attend the Community Resource Exchange Day of Hope & Help, Friday, April 22 from 9am-3pm at Qwest Field (800 Occidental Ave S, Seattle, WA 98134).

This free event is offered by United Way and will provide many resources all in one place, including health and dental checks, public benefits, legal assistance, services for veterans and other community resources. There will be information there about Solid Ground programs, including Tenant Services for individuals who want to know more about their rights as tenants and/or need help with housing search, and other information about renting. Also, staff from our Community Voice Mail program will be present to sign people up for free voice mailboxes.

Tenant Tip: Renting a home in foreclosure

In King County, 1,429 homes received a foreclosure notice in February, 2011 alone. According to RealtyTrac.com, Washington homes that received a notice of default, foreclosure filing, auction or a bank repossession notice reached 4,385 in February. For tenants who are renting a home that receives any of these notices, it can be a difficult surprise to navigate through. More often than not, tenants have no idea that their landlord may not be paying their mortgage until they see a note posted on the front door.

Foreclosure is a complex problem and it can have many variables depending on what stage of foreclosure the owner is in, the financial obligations, bank procedures and market trends. During this difficult process, tenants who rent homes in foreclosure may find themselves confused about whom to pay rent to and how quickly they may need to move out. While this tip may provide some basic information and resources for renters in foreclosed homes, tenants who are in this situation may want to consult with an attorney — especially since each foreclosure case can vary depending not only on the owner and the bank, but also on the type of rental agreement a tenant has with their landlord, and their obligations under that agreement.

In response to the ongoing housing crisis, Congress passed the Protecting Tenants at Foreclosure Act in 2009. Under this federal law, the new owner who purchases a home at a foreclosure sale is required to provide tenants renting the foreclosed home with a 90-day notice to move out if the new owner intends to move in to the home. If a tenant is on a lease, the new owner can choose to honor the lease or provide the 90-day notice if they want to move in themselves. If a tenant is on a month-to-month rental agreement, they are still entitled to the 90-day notice.

In addition there is a Washington State law that requires the foreclosing party, such as the bank or trustee that is foreclosing on the home, to send a notice to tenants notifying them that the home they are renting may be sold within 90 days. This notice will also include a reference to another section of the state law that says the new owner has to provide renters a 60-day notice after the sale has been made. To repeat, under the state law, a tenant would receive a 90-day notice before the sale and a 60-day notice after the date of the sale. Under the federal law, the new owner would be required to also provide a 90-day notice after the sale in addition to state law requirements.

If the home you are renting is in foreclosure, you may want to contact the county auditor for the county in which you live. King County residents can search their property on the King County tax assessor webpage to find out information about who owns the property. Tenants may want to recheck this information frequently to make sure that they are paying rent to the right person, especially in situations where a tenant may not have received proper notification about the foreclosure or proper move out notices. Tenants can ask the new owner for a copy of the Trustee’s Deed. To verify the legitimacy of the deed, tenants can access their local county auditor. Information for auditors by county in WA may be found at the Washington Land Records and Deeds Directory.

If you are concerned that your current landlord may be being foreclosed upon, and you have questions about rent payment, one thing to keep in mind is that until your current landlord is no longer the owner of the property, you continue to pay rent to them. While it may seem frustrating that you pay rent to someone who may not be paying their mortgage, that sense of unfairness does not mean that your obligations as a tenant change, and it does not change your duty as a tenant to pay rent.

Tenants who are renting a home in foreclosure should contact an attorney for legal advice and to address questions regarding rent payment as well as any concerns they may have about how the laws apply in their case and how to proceed. For a list of free legal referrals, you can access the Legal Assistance Guide on our Tenant Services website.

This Columbia Legal Services Washington LawHelp webpage is a useful resource for tenants who are renting a foreclosed property and have questions about rent payment, how their deposit is transferred, how to address repairs and how these laws may apply to their particular situation. Tenants who have questions about their rights and need information and referrals may call the tenant services hotline at 206.694.6767 M, W and Th from 10:30am-4:30pm to speak with a tenant counselor.

The information contained in this tip or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

Tenant Tip: Dealing with mold

Condensation can lead to mold

According the Environmental Protection Agency (EPA), indoor air is two-to-five times more polluted than outdoor air. We spend 90% of our time indoors where we breathe in many harmful particles, including
mold. As the rainy season continues in the Northwest, moisture accumulation supports mold growth.

Molds are very common outdoors and, to some extent, mold spores are unavoidable indoors, as they spread easily. Mold can cause severe damage to the structure of a building. Rental units, especially those with structural damage that trap moisture and enable mold growth, may become substandard living conditions.

Bringing up mold issues with your landlord
Oftentimes when tenants raise the issue of mold, they are concerned that their landlord will hold them responsible for creating excess moisture and causing mold to accumulate. For instance the landlord may allege that the tenant has not run the bathroom fan, or not turned the heat on in their unit. However, mold caused by structural damages such as leaks and other moisture issues can be addressed in the form of a repair request to the landlord.

The Residential Landlord-Tenant Act mentions mold in RCW 59.18.060. The law requires landlords to provide tenants information at the beginning of the tenancy with the most current information the Department of Health has about the health risks associated with mold. This information can be handed to a tenant or posted in common areas.

As many tenants know, having the information does not directly address the issue of mold, especially in serious repair situations where mold growth is a result of flooding, leaks, or other repair issues that are causing moisture problems in a unit.

By sending a repair request in writing (certified or regular mail; keep a copy for your records), a tenant can notify the landlord promptly about the mold issue. In time-sensitive situations where severe moisture persists in the unit – due to flooding  for example – a tenant may need to first call the landlord to notify them as quickly as possible and also send the notification in writing. RCW 59.18.070 describes the timeline requirements for the landlord to begin repairs. The EPA recommends that flood cleanup begin within 24-48 hours. Mold needs a moisture source to grow; therefore, if cleanup isn’t handled promptly or the area has not been completely dried, mold will continue to grow and can cause structural damage.

Tenants can send a repair request in writing about other repair issues such as: plumbing and leaky pipes, bathroom fan not working properly, drafty windows, gutter problems, water in basement, and other moisture problems that can encourage mold growth if not addressed. Substandard housing may have other moisture sources such as water seeping in rather than sloping away from the house, which can be an issue with the foundation of the building.

Tenants who live in basement units face additional challenges with persistent mold. Basement floors are most often concrete, which is very porous – and basements also tend to be much cooler – hence moisture collects and is very difficult to control. If repairs are not addressed, tenants can take pictures of the mold to document it. When you take the photo, hold a current newspaper up in the picture to show the date the photos were taken. This documentation can be helpful when moving out – especially if the landlord is withholding the tenant’s deposit or trying to charge the tenant for damages due to mold.

Mold can cause many health issues, especially for those who are sensitive to it or have respiratory problems such as asthma. Health effects can be so severe as to require hospitalization, missed days of work and other severe complications. Tenants can consult with an attorney to address cost and health damages they may have accrued. Contact the Tenant Services Hotline (206.694.67667) and refer to our website for more information on repairs and other topics related to your tenancy, as well as referrals to legal aid services and other community resources. Tenants may want to contact their local Department of Public Health for further information about the health risks of mold.

Moisture control 
Tenants can decrease the relative humidity inside their homes and maintain it between 30-60% by ventilating and heating. Seattle residents can contact the American Lung Association for a FREE indoor air quality assessment in order to address issues such as mold and other indoor air pollutants. For those outside the city limits, this service may still be accessible through volunteer services.

For tenants who have concerns about black mold or are planning to have an indoor air/mold test in their homes, here are a couple of things to keep in mind:

• Mold comes in many different shapes and colors.
• Wear protection, such as gloves and a face mask, when scrubbing mold off with soap and water.
• Spending money on air tests is up to each individual to decide; however, most mold tests will come out positive as almost every home has some mold spores.

Simply identifying that mold spores exist will not address the underlying problem of the moisture source. The key issue is to eliminate the moisture problem and keep the area dry to further prevent mold. Another common misconception is that it is best to use bleach to clean up mold. This might make the situation worse for those who are already sensitive to pollutants. Bleach will turn mold spores white but it will not eliminate them, and it does not address the real moisture problem. See the American Lung Association’s website for safe alternatives to bleach. Repairing structural damages, eliminating the moisture source, appropriate cleanup and maintaining a dry environment are crucial for a mold-free home.

For information about your rights as a tenant please see our Tenant Services website.

The information contained in this article or linked to on the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

Accessing the Tenant Services Hotline at Solid Ground

Solid Ground’s Tenant Services Hotline is a free, informational resource designed to help tenants throughout Washington State learn about their rights, familiarize themselves with the Residential Landlord Tenant Act in order to assert their rights as tenants, and maintain stable, permanent housing.

To reach the Tenant Services Hotline please call: 206.694.6767. The hotline is only staffed on: Mondays, Wednesdays and Thursdays from 10:30am until 4:30pm. If you call during those hours and get our voicemail, please leave us a message and we will return your call in the order it was received within seven business days.

Solid Ground uses interpretation services so that we can respond to folks no matter what language they speak. Spanish-speaking callers can leave a message in Spanish by choosing the Spanish option from the voice prompts. People  who speak languages other than English or Spanish should leave a message (or get an English-speaking friend to leave it) on our English hotline, mentioning the language they speak and a good time to return their call. A tenant counselor will return the call with an interpreter in the preferred language on the line. There is no cost for this service.

During open hotline hours, tenants who have questions can call to address topics such as: eviction, deposits, repair, lockout and all other issues that pertain to a tenancy.

Whenever the hotline is open, we get a large volume of calls. So that we can address everyone’s issues in a timely fashion, we ask that tenants only call once. Repeat calls for the same question/issue will not be returned faster. Calls/messages are returned in the order received. For tenants facing eviction, including those having received a three-day notice to pay-or-vacate or a 10-day notice to comply-or-vacate, please choose the ‘eviction’ option from the voice prompts at the start of the call. Please note that our program does not provide rental assistance.

Please leave a clear and short message with your name, phone number and a brief description of the issue you are calling about. Please repeat your phone number clearly even if you think it will appear on the caller ID. We recognize that for many tenants who are in difficult and time-sensitive situations, it can be difficult to contact many organizations and feel that you are unable to get your issue resolved right away. Please note that we attempt to get back to every tenant who calls our hotline. Return calls can take up to a week, however, we try to return calls within two to three business days. If a tenant counselor leaves a message indicating a direct phone line for a tenant to call, please use this number – but it is unnecessary to call more than once. Once you have spoken with a counselor, it is OK to call them back to clarify your discussion – however due to the high volume of callers, tenants are encouraged to call the hotline with any new issues about their tenancy.

In an effort to make best use of the hotline, here are some points to consider before calling:

What Tenant Services provides:

• Information to Washington State tenants regarding their tenancy.
• Referrals to community resources, free legal services, fair housing agencies, code enforcement and other state and local county or city entities.
• We can mail or email packets of information and resources including sample letters.
• We have materials in other languages as well.
• We can answer questions and brainstorm ideas with tenants to help them resolve their housing situation.

We do not provide:

• Assistance to landlords.
• Legal advice or other legal services.
• One-on-one case management or long-term assistance.
• Rental assistance.
• We do not read or edit letters or documents for tenants. If a tenant needs these services, we will refer to legal services as these are delicate issues that require the assistance of legal counsel.

While waiting for a counselor to return your call, if you are in need of rental assistance or other resources, you can contact the Community Information Line dialing 2.1.1 or 1.800.621.4636.

Another great resource for tenants throughout Washington State is the Tenants Union. Their hotline hours are: Mondays, Tuesdays and Wednesdays from 11am to 1pm. Call 206.723.0500. Walk-in services are available Mondays, Tuesdays and Wednesdays from 2pm to 4pm. For walk-in service, please arrive by 3:30pm. No appointment is necessary and they serve tenants throughout Washington. As always, Solid Ground’s Tenant Services website is a useful tool in familiarizing tenants with their rights and providing information prior to speaking with a counselor.

Tenant Tip: Fair Housing and your tenancy

Under the federal Fair Housing Act and local fair housing laws, housing providers must accommodate the needs of disabled applicants and tenants. A landlord or manager must reasonably adjust rules, procedures or services to give disabled tenants equal opportunity to use and enjoy a dwelling unit or a common space. Housing providers must also allow disabled tenants to make reasonable modifications to their living unit or common areas at the tenant’s expense, if needed for them to live comfortably and safely in their units.

Housing providers cannot ask applicants or tenants whether they have a disability, ask for details about the condition, or ask to see medical records. If a person requests a reasonable accommodation or modification, a housing provider may ask for proof that the request will address the tenant’s disability needs. Upon request, the tenant should provide a letter from a healthcare practitioner verifying the person has a disability and requires the modification or accommodation. The nature of the disability does not have to be disclosed.

To clarify: “Requesting an accommodation means” that a tenant is requesting a rule change from the landlord due to disability.

Some common accommodations are: Requesting a service animal, having the lease printed in large print, moving to a different unit, allowing a personal care attendant and other requests based on the need of the tenant and the nature of the disability. If you are asking for a modification, it means you are asking to alter the physical state of the property, for example, asking to install handrails in the shower, a wheelchair ramp, or lever door handles and automatic door closers, just to name a few.

How to request a reasonable accommodation/modification from your landlord:

Submit your request to the landlord or property manager in writing and describe the accommodation you are requesting. A landlord may ask for verification of your disability, in which case you can provide a letter from a healthcare provider. Again, both letters do not need to disclose the nature of the disability, just the specifics of what accommodation or modification is needed in your case. The landlord may discuss this with you and may also suggest an alternate route to meet your needs.

You may also submit the request verbally, however submitting it in writing is beneficial so you have a record of the request. While discussing the logistics with the landlord, they may request that the tenant return the premises to their original state when they leave, unless the modifications will not interfere with the next tenant’s use and enjoyment of the premises.

Tenants can contact Solid Ground’s Tenant Services Hotline (206.694.6767; the hotline is answered only on Mondays, Wednesdays and Thursdays from 10:30 am – 4 pm)  and ask to receive a packet with information and sample letters on reasonable accommodations/modifications as well as to discuss their specific situation. More information, along with hours of operation, is listed on our website. General information about Fair Housing laws and regulations can be found here, where you’ll also find information about “protected classes,” which can help you understand how Fair Housing laws operate.

You can address questions about requests for reasonable accommodation and modification as well as any concerns you have if you feel you have been discriminated against by contacting one of these Fair Housing agencies to file a complaint or receive more information for your specific situation. If you are not sure which agency to contact, you can call the Tenant Hotline to receive information and referral to the appropriate agency in your area.

Legal disclaimer: The information contained in this post or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

Tenant Tip: Accessing legal services

Asserting your rights as a tenant often times may require the help of an attorney. Getting legal assistance can be costly, so we have listed legal services that are free of charge, as well as information on how to access these services. Before accessing legal assistance, tenants are encouraged to call Solid Ground’s Tenant Services Hotline first (206.694.6767 on Mon., Wed. & Fri. from 10:30am to 4:30pm) — or visit our Tenant Services website — in order to receive information about their rights as a tenant and attempt to resolve housing matters without the help of an attorney. For issues that may require consultation or the advice of an attorney, tenants who contact our hotline will be referred to legal assistance. Some of these services are listed below:

Neighborhood Legal Clinics—throughout King Co.
These clinics provide half an hour free with an attorney about any legal matter, not just housing issues. However, many attorneys at neighborhood clinics are well-versed in legal issues related to housing, as they receive a high number of tenants accessing their services. To find the nearest clinic location, go to their website.

Half an hour can go by very quickly when getting legal advice, so come prepared with the documents you would like reviewed and be prepared to describe your situation briefly, including the important details and questions you have for the attorneys. There are no income requirements, so any King County resident can access this service. Call 206.267.7070 to schedule an appointment with the closest clinic to you.

Legal Action Center
LAC provides information and legal advice to tenants facing housing issues such as deposit, repair issues, eviction, loss of Section 8 assistance, debt claims and other housing-related matters. This service is available to income-qualified Seattle residents only. You can reach Legal Action Center by calling 206.324.6890 to receive more information about income requirements and appointment availability.

Housing Justice Project
This is a free legal service for tenants facing eviction and other serious housing issues related to eviction. No appointment is required, as this is a walk-in service. Services are available at the King County Courthouse and the Kent Regional Justice Center, Monday through Friday, 8:00am to 10:30am. If you need legal advice about an eviction issue or you have been served with a 3-day notice to pay or vacate as well as an Eviction Summons, you may access this service. Priority is given to tenants right before their scheduled eviction hearings, but tenants are also encouraged to access this service to get legal assistance with responding to the eviction papers and other related legal matters concerning eviction.

Seattle Location:
King County Courthouse
516 3rd Ave W
Seattle, WA 98104

The Seattle location offers additional appointments on Mondays and Thursdays from 4:00pm to 6:00pm.

Kent Location:
Regional Justice Center
401 4th Ave N
Kent, WA 98032

CLEAR—Northwest Justice Project
Provides free, non-criminal legal assistance to WA state residents over the phone — mainly for residents who do not reside in King County and are income-qualified. Call 1.888.201.1014, Monday through Friday, 9:15am to 12:15pm and Tuesday afternoons, 3:30pm to 6:15pm. More info on their website.

Other Legal Services:
Contact your local county bar association to receive information about other free legal services or low-cost attorneys who may be able to provide legal advice.

Washingtonlawhelp.org provides free legal information and self help materials.

Tenant Tip: Holiday resources can help prioritize paying rent

With the holidays around the corner and all the additional expenses added to your usual bills, it can be difficult at this time of year to prioritize how to best spend your money. For tenants, rent payment should be a priority. It may be possible to negotiate payment options with utility or phone companies, but it is crucial that your rent is paid on time to avoid possible late fees, or notices such as eviction. Since rent payment often takes the largest portion of financial funds, some tenants may want to access the following resources as other options for holiday celebrations to avoid additional spending. The following list is brief and restrictive to areas within King County. For more specific resources and information closest to where you are located, contact Community Information Line by dialing 2.1.1 or for alternate numbers based on the county you reside in – or you can go to this website. If you have used holiday resources and would like to add to the list below, please feel free to add your comments about services that may be of use to others.

The following resources provide basic information. It may be necessary to contact the agencies below for more information on income guidelines and eligibility requirements.

Holiday Resources for Toys/Gifts:

Hopelink-Shoreline
206.440.7300
For residents of Shoreline and Lake Forest Park area.

Queen Anne Help Line
206.282.1540
Restricted to residents with ZIP codes 98109 and 98119.

Auburn Food Bank
253.833.8925
ZIP codes 98001, 98002, 98047 and 98092.

Salvation Army
425.452.7300
Families with children living in ZIP codes 98004, 98005, 98006, 98007, 98008, 98011, 98027, 98029, 98033, 98034, 98040, 98052, 98053, 98054, 98072, 98074, 98075 and 98083.

Holiday Resources for Food Items/Gift Baskets:

Northwest Harvest
206.625.0755
Open to anyone with no requirements.
Walk in, Mondays, 9am-5pm, December 20 or December 22, 2010

University District Food Bank
206.523.7060
Resident in ZIP codes 98102, 98103, 98105, 98112, 98115 and 98125.
May also provide toys/gifts for families with children.

West Seattle Food Bank
206.932.9023
Serves ZIP codes 98106 (north of Roxbury), 98116, 98126 and 98136.
May deliver food to homes.

Multi-Service Center-Federal Way
253.838.6810
ZIP codes 98023, 98003, parts of 98001 and parts of 98032.
May also provide gifts for children younger than 14 years old.

Tenant Tip: Illegal actions of landlords

Sometimes landlords try to assert their own rules, which go against the rights of tenants laid out in the Washington State Legislature’s Residential Landlord Tenant Act (RCW 59.18). Here are a few things some landlords will do or threaten to do to their tenants, yet they are not legal:

Illegal!

Retaliation: It is considered retaliation if your landlord takes certain actions after you have contacted a governmental entity to make a complaint about a code violation in your unit, or for asserting your rights as a tenant under the Residential Landlord Tenant Act (code sections RCW 59.18.240 and RCW 59.18.250). These actions include but are not limited to: eviction, increasing the rent amount or your obligations as a tenant, reducing services, and refusing to carry out his/her duties as a landlord. It is presumed to be retaliation if these actions are taken within 90 days after a tenant has filed a complaint or attempted to enforce his rights under the RLTA.

Lockouts: Locking a tenant out without a court order to evict a tenant is illegal. A landlord cannot change the lock on a tenant, even if a tenant is behind in rent. The landlord has to go through the eviction process legally. If you are locked out, you can call the police and file a lawsuit. Again, being behind in rent or failing to fulfill your duties as a tenant does not mean your landlord has the right to lock you out.

Utility Shut-Offs: A landlord may not shut off utilities or intentionally leave bills unpaid. Some landlords may exercise this illegal procedure to try and ‘force’ the tenant to move out. It can be difficult for a tenant to get the utilities back on – especially if the bill is under the landlord’s name and the tenant receives a third-party bill, or if the landlord is responsible for utilities and they stop paying. If this happens, you can call your local code enforcement agency and have an inspector come out to inspect your unit. Having no running water, heat or electricity can be a code violation, and your local code enforcement agency may fine your landlord and/or make them fix the problem. You may also attempt to communicate with the utility company to explain the circumstances. Another option is to contact the Washington Utilities and Transportation Commission which regulates many utility companies and assures the safety and pricing of services. Utility shut-offs are addressed in RCW 59.18.300, which also specifies how a landlord is held liable for each day a tenant’s utilities are shut off.

Taking/selling the tenant’s property: In most circumstances, if someone walks into your home and takes your property, it is considered stealing. The same rule applies to your landlord. Taking and selling a tenant’s property to make up for what they owe in rent is not legal. If a tenant has left property behind in a unit they no longer live in, the law specifies what the landlord is required to do with the property. A tenant can take their landlord to court for damages if their property was taken.

If you have questions or need more information, please take a look at our Tenant Services website or call Solid Ground’s Tenant Hotline at 206.694.6767. (The hotline is answered Mondays, Wednesdays and Thursdays from 10:30 am to 4:30 pm.)

Legal disclaimer: The information contained in this post or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

Tenant Tip: Proactive preparation

This week’s tip addresses some key points to help you be proactive while you are searching for a house or apartment to rent.

If you have been all over town looking for your new apartment for the last three weeks, it is easy to overlook some crucial steps when you are tired of the search. Skipping these steps, however, can put you in a very tough situation in the future. If you rush to accept a unit without knowing exactly what you are signing up for, you can end up regretting being bound to lease terms that you did not fully investigate or understand. So, be proactive and aware of your rights as a tenant!

An important very first step is to communicate clearly with your prospective landlord and ask questions about the property and neighborhood. Get to know who you are doing business with — especially if you are signing a long-term agreement such as a year lease. Drive around the neighborhood. It’s a good idea to drive there at night as well. And, if possible, talk to other tenants that live there.

Some landlords show tenants a ‘model unit’ which is supposed to be identical to the unit you will be moving into, but be sure to ask to see the actual unit before you sign an agreement or give the landlord any money. Often tenants really like the ‘model unit’ but when they move in to their actual unit it is very different – and by that time, they have already signed a lease and cannot leave easily. If the landlord tells you he has to finish making some repairs in your unit, you can let him know you will sign the lease after the repairs are completed and the unit is ready to rent. You can also write into the lease the specific repairs that need to be made and the date of completion by the landlord. After reading the lease carefully, if you write in changes, be sure that both you and the landlord sign and date the changes as well as the lease. Do not sign a lease unless you agree with the terms and you are sure you want to move in!

Tenant Tip: Requesting repairs from your landlord

(Editor’s note: We welcome Edlira Kuka and Laura O’Connell to the blog! Edlira and Laura are Solid Ground’s tenant counselors. They have a wealth of information for renters about the state’s Landlord Tenant Act and will be sharing practical tips with us on a regular basis.)

When your unit needs repairs, effective communication with your landlord is crucial in getting the repair process started. It’s okay to call, email, or speak to your landlord in person to give them their first heads up that something needs to be done, BUT remember to ALWAYS send a request IN WRITING. Under the Landlord Tenant Act, the landlord must start making repairs as soon as possible after receiving a written notice and no later than the following timelines:

• 24 hours to begin to restore heat, hot or cold water, electricity, or to fix a condition imminently hazardous to life.
• 72 hours to begin to fix a refrigerator, range and oven, or major plumbing fixture supplied by the landlord.
• 10 days to begin making repairs in all other cases.

If you are interested, here are the details in the law.

Even if you have left several phone messages or you are certain your landlord or apartment manager is aware of your plumbing issue or your broken garbage disposal, a request in writing is still necessary because the time periods in the law do not begin to run until the landlord receives notice IN WRITING. Sample repair letters can be found here.

If you need help or have questions about the repair process, effective ways to communicate with your landlord, or your rights as a tenant under the Landlord Tenant Act, feel free to consult our main Tenant Services webpage. You can always call the Tenant Hotline to speak to a Tenant Counselor about your specific situation: 206.694.6767.

Legal disclaimer: The information contained in this post or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

Tenant Tip: How to get your security depost back

(Editor’s note: We welcome Edlira Kuka and Laura O’Connell to the blog! Edlira and Laura are Solid Ground’s tenant counselors. They have a wealth of information for renters about the state’s Landlord Tenant Act and will be sharing practical tips with us on a regular basis.)

Ready to move out of your rental unit? Will you get your deposit back? Your landlord has 14 days to return your deposit or send you a statement stating why they are withholding all or part of it. Be sure to check what your rental agreement states about deposits, and for more details, read the section of the law addressing deposits. Click here to read the law: (RCW 59.18.280).

There are steps you can take to try to get it back. The first step is to read our  sample letters and go to our Tenant Services website to get more information about your rights as a tenant.

Still need help? Call our Tenant Services Hotline: 206.694.6767.

Legal disclaimer: The information contained in this post or linked to the Solid Ground Tenant Services website is for informational purposes only. Solid Ground makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to its website. Solid Ground cannot act as your attorney. Solid Ground makes no representations, expressed or implied, that the information contained in or linked to its website can or will be used or interpreted in any particular way by any governmental agency or court. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.