If you have a landlord-tenant question that you would like to have addressed on this page, please contact the Tacoma Office at tacoma@walandlord.com
Service/Companion Animals
Can a landlord/housing provider say no to service or companion animals?
No. A landlord can have a no pet policy, but they cannot say no to service or companion animals. These animals are needed to provide assistance to those with disabilities and/or mental health conditions. It would be a Fair Housing Violation for refusing a tenant/applicant to have a service or companion animal.
Note: An applicant will still need to meet the landlord's criteria and pass a background check.
Please see the HUD guidelines for service animal accommodations: HUD Notice FHEO-2020-1: Assessing a Request to Have an Animal as a Reasonable Accommodation - HUD Exchange
Can a landlord charge any type of pet fee, rent or deposit for a service or companion animal?
No. A service or a companion animal are not considered to be pets. Therefore, a landlord cannot charge any type of pet fee, rent or deposit for these animals.
Note: The tenant is still responsible for the animal. This includes financial responsibility for any property damages caused by the animal. If the animal damages the property, then the landlord can charge the tenant or take it out of the security deposit at the end of the tenancy.
Will the applicant/tenant need to provide the landlord with written documentation that the animal is a service or companion animal?
Yes. Written documentation can come from either a medical doctor, therapist, counselor, or psychiatrist. It can also come from a religious leader such as a pastor, priest, rabbi, etc.
The person issuing the documentation for the animal must have examined the patient and be in a position to know about the patient's disability and/or mental health condition.
Please note, the landlord is not allowed to ask the applicant/tenant what their disability is.
Can an applicant/tenant have more than one service or companion animal?
Yes. A person can have more than one animal to perform different tasks. For example, a person with mobility issues can have a service dog that is trained to pick up items and also a companion animal that provides comfort, such as easing the symptoms of depression.
Note: the applicant/tenant will need to provide a doctor's note for each animal. For example, if a tenant has 2 companion animals and 1 service animal, then they will need to provide 3 separate notes.
What are some exceptions for a landlord not allowing a service or companion animal?
- If it's a shared dwelling, then the landlord can say no to having a service or companion animal in the property. A shared dwelling is where both the landlord and tenant(s) are living together and will be sharing common areas: bathroom, kitchen, living room, etc.
- If there is a dangerous breed of dog (for example, pit-bull, rottweiler), then the landlord could be at risk at losing their property insurance. This would be considered a valid reason for a landlord denying a service or companion animal. We recommend that the landlord contacts their insurance company for additional information on dangerous dog breeds.
How to Serve Rental Notices
Can notices be served via email or text?
No. All notices must be in writing (hard copy). Emails, texts, and verbal notices are NOT considered to be proper written notice. All communication must be backed up with a hard copy.
How does a landlord serve a rental notice to their tenants?
Either the landlord or someone over the age of 18 must attempt personal service first. This requires going to the rental property and serving the adult tenants (age 18 +) with a hard copy of the notice. If only one tenant answers the door and the landlord has more than one tenant to serve, then they can hand the one tenant all the notices that were meant for the other tenants. NOTE: If the tenants are not home and were unable to be personally served, then the notices must be posted on their door AND mailed within the same county as the rental property.
What if the landlord lives out of state and can't serve the notices?
The landlord can have a friend, colleague or family member serve the notices to the tenants on their behalf. The servers just have to be over the age of 18. However, if the landlord has no one local to serve the notices, then it is recommended to hire a local property management company or a process server.
Move-In Condition Report
What is the Move-In Condition Report and why would a landlord need it?
It's a document that the tenants fill out at the beginning of their tenancy. They must go throughout the rental property and note all damages in the report so they cannot be charged for it when they move out.
This document is extremely important, especially if the landlord is charging a security deposit! After the tenants have signed the lease and have been given possession of the property by the landlord (handing over the keys), the landlord is required to give their tenants a Move-In Condition Report. The tenants have no less than 3 days but no more than 5 days to complete this document and return it back to the landlord. From there, the landlord signs off on the completed report and gives a copy to the tenants. The landlord must keep the original for their records for the remainder of the tenancy.
When the tenants officially move out, the landlord cannot charge the tenants for any damages that were properly documented in the Move-In Condition Report. The landlord can only charge the tenants for damages that were caused by the tenants or their guests during their tenancy.
Note: The Landlord and Tenant can complete this document together in one day if they choose to, but it is recommended that the tenants hold onto it no more than 5 days in case there were any prior damages that were overlooked.
What if the tenants don't return the Move-In Condition Report within the proper timeframe?
The landlord can give a written (hard copy) 10-Day Notice to Comply or Vacate. This notice can be found on the WLA website under Forms>Termination & Change of Tenancy Forms.
What if the landlord never provides the tenants with a Move-In Condition Report or it gets lost?
The landlord would have to refund the entire security deposit to the tenants even if there were damages caused by the tenants or their guests. Even if the landlord had before and after pictures of the rental property, they would still have to refund the entire deposit if there was no Move-In Condition Report, or it got lost.
RCW 59.18.260 (5) If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys' fees. This section does not limit the tenant's right to recover moneys paid as damages or security under RCW 59.18.280.
Where can the Move-In Condition Report be located on the WLA website?
Since this document is so important, we put it in Required Forms subcategory on the Forms page. WLA members will need to login to their accounts in order to access the Forms page.
Fixed-Term Leases & Month-to-Month Tenancies
What are the main differences between fixed-term leases & month-to-month tenancies?
- Fixed-Term Leases are for a set amount of time, typically between 6-12 months. Landlords cannot change the rules in the lease or increase the rent until the lease is up for renewal. If a landlord wants to end a fixed-term lease, then a 60-Day Non-Renewal of Tenancy Notice (hard copy) is required to be served to each adult tenant. The notice must be served at least 60 days before the lease is set to expire. A landlord can give more than 60 days, but they cannot give less.
- Month-to-Month Tenancies are for an indefinite amount of time. These types of tenancies have a little bit more flexibility when it comes to doing a rule change or a rent increase. For a rule change, a 30-Day Notice of Rule Change (hard copy) is required. For rent increases, a 60-Day Notice of Rent Increase (hard copy) is required under State Law. Note: Some cities in Washington have their own rent increase ordinances that require different notice timeframes. A landlord will need to refer to their city's rent increase laws before issuing a notice. The landlord will need to follow the laws in the city that their rental property is located in.
Rental Notices Mentioned in the above paragraphs: The 60-Day Non-Renewal of Tenancy Notice, the 30-Day Rule Change and the 60-Day Rent Increase can be found on the WLA website in the Forms section under the subcategory, Termination & Change of Tenancy Forms. The Seattle & Tacoma Rent Increase Notices can be found under the Seattle and Tacoma subcategories. WLA members will need to login to their accounts in order to access these forms.
Does a landlord need to have a valid reason not to renew a fixed-term lease?
For fixed-term leases, a landlord does NOT need to have a valid reason for non-renewal as long as the term was between 6-12 months, and it has never been a month-to-month tenancy at any point.
Does a landlord need to have a valid reason to terminate a month-to-month tenancy?
Yes, they will need to have a valid reason under law to terminate it. As for a tenant, they will need to give their landlord a written notice that they are terminating the tenancy on their end. For tenants, 20 days written notice is required for month-to-month tenancies.
Please see the RCW link below for additional information on ending a tenancy.
What are the landlord's responsibilities when a tenant breaks a fixed-term lease?
If the tenant has a few months left in their lease term and they want to break the lease early, then the landlord is required to mitigate the damages by renting out the property right away. This includes putting it on the rental market, advertising, showing the property to potential tenants, and screening. The tenant is still financially responsible for the remainder of the lease term. When the landlord finds a new tenant to rent to, then the original tenant will no longer be financially responsible for the remainder of the term.
Are landlord's able to negotiate an early termination fee with their tenants who break their lease early?
Yes, a landlord can negotiation a one-time termination fee with the tenant instead of charging them for the remainder of the lease term.
If a tenant finds another tenant to take over the lease, is that acceptable?
Yes, as long as the new tenant meets the landlord's screening criteria, income requirements, and passes a background check.
Tenant Criteria & Tenant Screening Requirements
What are the requirements for finding an applicant?
When a landlord is ready to advertise their rental, they will need to include a list of their rental criteria in any advertising they decide to do (online and/or print). WLA also recommends that landlords print out a list of their rental criteria and hand it out to any potential tenants at a showing as well as emailing it. It's important to make the criteria as transparent as possible to potential tenants.
Please refer to the following RCW: RCW 59.18.257: Screening of prospective tenants—Notice to prospective tenant—Costs—Adverse action notice—Violation.
What is the list of the Rental Criteria?
Rental Criteria is a set list of requirements that showcases what a landlord is looking for in an ideal tenant. For an applicant to be considered for tenancy, they must meet these requirements.
Common Rental Criteria can include, but is not limited to:
- Having great credit. This includes:
- Making on-time monthly payments on current debt
- No collections for credit cards, loans, rentals and utilities
- No open bankruptcies
- No civil judgments
- No evictions or adverse rental history
- Must meet the income requirements and provide proof of income
- No sex offense crimes
- Felonies would be considered by a case-to-case basis
- No smoking of any kind and no current use of illegal drugs
WLA has a Tenant Criteria Sheet listed on the WLA website under Forms>Tenant Screening Forms. This form is also known as the Notice to Applicants for Tenancy.
Why is a landlord required to have rental criteria?
It lets the applicant know what the landlord is looking for in an ideal tenant and that the applicant could be denied if they don't meet the criteria. If the applicant feels that they can meet the landlord's criteria, then they can proceed with filling out the rental application forms. WLA has a 2-page Rental Application listed in the Forms section under the Tenant Screening Forms subcategory.
What is a Portable Tenant Screening Report?
These are reusable credit and background checks that are obtained by the applicants. From there, they can share these reports with potential landlords whenever they are applying for a rental.
At the top of WLA's Notice to Applicants for Tenancy sheet, there is a highlighted section that asks the question: Does Landlord/Property Management Company accept Portable Tenant Screening Report? Below that sentence, a landlord can check off either Yes or No. By law, landlords/property management companies must advertise if they accept a portable tenant screening report or not, but they are NOT required to accept one.
RCW 59.18.257 states: (1)(a) Prior to obtaining any information about a prospective tenant, the prospective landlord shall first notify the prospective tenant in writing, or by posting, of the following:
(iv) Whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. If the landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may access the landlord's own tenant screening report regarding a prospective tenant as long as the prospective tenant is not charged for the landlord's own tenant screening report.
What are the rental requirements for income?
The industry standard for income is 2.5-3x the amount of rent. For example, if the rent is $1000/month and a landlord is using the industry standard of 3x the amount of rent, then the applicant will need to be pulling in $3000 or more per month in order to qualify income-wise.
Please note, in the rental criteria, a landlord will need to include the full dollar amount that the applicant will need to be making per month.
What are the income requirements for Section 8 Applicants?
RCW 59.18.255 (3) states:
(3) If a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met.
Does a landlord have to consider all sources of income?
Yes, there is a Source of Income Law that was passed in 2018 which states that a landlord must consider all valid sources of income. This includes, but is not limited to: Section 8, alimony, child support, Social Security Income, Disability, etc. If an applicant is receiving any charity for rent, a landlord must include that charity as a source of income.
Please refer to the following RCW: RCW 59.18.255: Source of income—Landlords prohibited from certain acts—Violation—Penalties.
Does an applicant need to provide the landlord with valid documentation showing their source of income?
Yes, valid documentation can include pay stubs (WLA recommends landlords view the applicants' last two paystubs), tax return for self-employed applicants (last two years), and/or any supporting documentation showing that an applicant is receiving funds. This includes, but is not limited to: Documents proving Child Support, DSHS Support, Social Security Income, Food Stamps, Trust Funds, Bank Deposit History, Rental Assistance, Utility Assistance, etc.
What other forms of documentation does a landlord need to collect from an applicant?
In addition to proof of income, a landlord needs to collect the applicant's photo ID. It's important to verify the identity of the applicant and to make sure that their name, date of birth, and address matches with what they are including on their rental application. Plus, WLA requires a copy of the photo ID for screening.
What valid forms of ID can a landlord accept?
Driver's license, Passport, Government ID, or Military ID. It will need to include the applicant's photo and be unexpired.
When can a landlord conduct a background check?
After the applicant fills out the rental application forms (both pages), submits a copy of their photo ID, and their proof of income, the landlord can then proceed with the background check. This includes checking the applicant's consumer credit report, checking references (employer, past or current landlord, and personal references) and checking criminal records.
Important! The landlord has to make sure that the applicant signs and dates the rental application forms. The signature gives the landlord and WLA permission from the applicant to conduct a background check on them.