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.
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.