reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.040 - Living arrangements exempted from chapter.

RCW 59.18.040
Living arrangements exempted from chapter.
The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application, in which event the provisions of this chapter shall control:
(1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services including, but not limited to, correctional facilities, licensed nursing homes, monasteries and convents, and hospitals;
(2) Occupancy under a bona fide earnest money agreement to purchase or contract of sale of the dwelling unit or the property of which it is a part, where the tenant is, or stands in the place of, the purchaser;
(3) Occupancy under a written rental agreement entered into by a seller and buyer of a dwelling unit, for the seller to retain possession of the dwelling unit after closing of the sale of the dwelling unit, if the conditions in (a) through (c) of this subsection are satisfied.
(a) The rental agreement permits the seller to remain in the dwelling unit for no more than three months after closing, and the buyer does not accept any rent payments from the seller after three months from closing;
(b) At the time of closing of the sale, the dwelling unit was not a distressed home as defined in chapter 61.34 RCW; and
(c) During negotiation of the purchase agreement or at the time of closing of the sale, the seller was represented by an attorney licensed to practice law in this state or by a real estate broker or managing broker licensed under chapter 18.85 RCW;
(4) Residence in a hotel, motel, or other transient lodging whose operation is defined in RCW 19.48.010;
(5) Rental agreements entered into pursuant to the provisions of chapter 47.12 RCW where occupancy is by an owner-condemnee and where such agreement does not violate the public policy of this state of ensuring decent, safe, and sanitary housing and is so certified by the consumer protection division of the attorney general's office;
(6) Rental agreements for the use of any single-family residence that are incidental to leases or rentals entered into in connection with a lease of land to be used primarily for agricultural purposes;
(7) Rental agreements providing housing for seasonal agricultural employees while provided in conjunction with such employment;
(8) Rental agreements with the state of Washington, department of natural resources, on public lands governed by Title 79 RCW;
(9) Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises.
[ 2023 c 22 § 1; 1989 c 342 § 3; 1973 1st ex.s. c 207 § 4.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.050 - Jurisdiction of district and superior courts.

RCW 59.18.050
Jurisdiction of district and superior courts.
The district or superior courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter within the respective jurisdictions of the district or superior courts as provided in Article IV, section 6 of the Constitution of the state of Washington.
[ 1973 1st ex.s. c 207 § 5.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.055 - Notice—Alternative procedure—Court's jurisdiction limited—Application to chapter 59.20 RCW.

RCW 59.18.055
Notice—Alternative procedure—Court's jurisdiction limited—Application to chapter 59.20 RCW.
(1) When the landlord, after the exercise of due diligence, is unable to personally serve the summons on the tenant, the landlord may use the alternative means of service as follows:
(a) The summons and complaint shall be posted in a conspicuous place on the premises unlawfully held, not less than nine days from the return date stated in the summons; and
(b) Copies of the summons and complaint shall be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the tenant's or tenants' last known address not less than nine days from the return date stated in the summons.
(2) When service on the tenant or tenants is accomplished by this alternative procedure, the court's jurisdiction is limited to restoring possession of the premises to the landlord and no money judgment may be entered against the tenant or tenants until such time as jurisdiction over the tenant or tenants is obtained.
(3) Before the entry of any judgment or issuance of a writ of restitution due to the tenant's failure to appear, the landlord shall provide the court with a declaration from the person or persons who served the tenant that describes the service achieved, and if by alternative service pursuant to this section, that describes the efforts at personal service before alternative service was used and a declaration from the landlord stating his or her belief that the tenant cannot be found.
(4) For the purposes of subsection (1) of this section, the exercise of due diligence is met if the landlord attempts personal service on the tenant at least three times over not less than two days and at different times of the day.
(5) This section shall apply to this chapter and chapter 59.20 RCW.
[ 2019 c 356 § 11; 1997 c 86 § 1; 1989 c 342 § 14.]
NOTES:
Intent—2019 c 356: See note following RCW 59.12.030.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.058 - Notice—Translated versions—Legal or advocacy resource information.

RCW 59.18.058
Notice—Translated versions—Legal or advocacy resource information.
(1) The office of the attorney general shall produce and maintain on its website translated versions of the notice under RCW 59.18.057 in the top ten languages spoken in Washington state and, at the discretion of the office of the attorney general, other languages. The notice must be made available upon request in printed form on one letter size paper, eight and one-half by eleven inches, and in an easily readable font size.
(2) The office of the attorney general shall also provide on its website information on where tenants can access legal or advocacy resources, including information on any immigrant and cultural organizations where tenants can receive assistance in their primary language.
(3) The office of the attorney general may also produce and maintain on its website translated versions of common notices used in unlawful detainer actions, including those relevant to subsidized tenancies, low-income housing tax credit programs, or the federal violence against women act.
[ 2019 c 356 § 4.]
NOTES:
Intent—2019 c 356: See note following RCW 59.12.030.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.063 - Landlord—Written receipts for payments made by tenant.

RCW 59.18.063
Landlord—Written receipts for payments made by tenant.
(1) A landlord must accept a personal check, cashier's check, or money order for any payment of rent made by a tenant, except that a landlord is not required to accept a personal check from any tenant that has had a personal check written to the landlord or the landlord's agent that has been returned for nonsufficient funds or account closure within the previous nine months. A landlord must also allow for the tenant to submit a rental payment by mail unless the landlord provides an accessible, on-site location.
(2) A landlord may refuse to accept cash for any payment of rent made by a tenant, but shall provide a receipt for any payment made by a tenant in the form of cash when the landlord accepts cash.
(3) A landlord shall provide, upon the request of a tenant, a written receipt for any payments made by the tenant in a form other than cash.
[ 2022 c 95 § 1; 2020 c 315 § 3; 2011 c 132 § 4; 1997 c 84 § 1.]
NOTES:
Findings—Intent—2020 c 315: See note following RCW 59.18.057.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.065 - Landlord—Copy of written rental agreement to tenant.

RCW 59.18.065
Landlord—Copy of written rental agreement to tenant.
When there is a written rental agreement for the premises, the landlord shall provide an executed copy to each tenant who signs the rental agreement. The tenant may request one free replacement copy during the tenancy.
[ 2011 c 132 § 6.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.070 - Landlord—Failure to perform duties—Notice from tenant—Contents—Time limits for landlord's remedial action.

RCW 59.18.070
Landlord—Failure to perform duties—Notice from tenant—Contents—Time limits for landlord's remedial action.
If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.18.060 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him or her by law, deliver written notice to the person designated in *RCW 59.18.060(14), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control:
(1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;
(2) Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and
(3) Not more than ten days in all other cases.
In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord's control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as possible.
[ 2010 c 8 § 19018; 1989 c 342 § 4; 1973 1st ex.s. c 207 § 7.]
NOTES:
*Reviser's note: RCW 59.18.060 was amended by 2013 c 35 § 1, changing subsection (14) to subsection (15).
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.075 - Seizure of illegal drugs—Notification of landlord.

RCW 59.18.075
Seizure of illegal drugs—Notification of landlord.
(1) Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter 69.41 RCW, a controlled substance pursuant to a violation of chapter 69.50 RCW, or an imitation controlled substance pursuant to a violation of chapter 69.52 RCW, shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency, of the seizure and the location of the seizure of the illegal drugs or substances.
(2) Any law enforcement agency which arrests a tenant for threatening another tenant with a firearm or other deadly weapon, or for some other unlawful use of a firearm or other deadly weapon on the rental premises, or for physically assaulting another person on the rental premises, shall make a reasonable attempt to discover the identity of the landlord and notify the landlord about the arrest in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency.
[ 1992 c 38 § 4; 1988 c 150 § 11.]
NOTES:
Intent—Effective date—1992 c 38: See notes following RCW 59.18.352.
Legislative findings—Severability—1988 c 150: See notes following RCW 59.18.130.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.080 - Payment of rent condition to exercising remedies—Exceptions.

RCW 59.18.080
Payment of rent condition to exercising remedies—Exceptions.
The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded him or her under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant's civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing.
[ 2010 c 8 § 19019; 1973 1st ex.s. c 207 § 8.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.090 - Landlord's failure to remedy defective condition—Tenant's choice of actions.

RCW 59.18.090
Landlord's failure to remedy defective condition—Tenant's choice of actions.
If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW 59.18.070, the landlord fails to remedy the defective condition within a reasonable time the tenant may:
(1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he or she shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280;
(2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or
(3) Pursue other remedies available under this chapter.
[ 2010 c 8 § 19020; 1973 1st ex.s. c 207 § 9.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.110 - Failure of landlord to carry out duties—Determination by court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent under certain conditions.

RCW 59.18.110
Failure of landlord to carry out duties—Determination by court or arbitrator—Judgment against landlord for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent under certain conditions.
(1) If a court or an arbitrator determines that:
(a) A landlord has failed to carry out a duty or duties imposed by RCW 59.18.060; and
(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord in accordance with RCW 59.18.070 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the premises due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to RCW 59.18.100 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to make or contract to make further corrective repairs and the tenant may deduct from the rent the cost of such repairs, as long as the court specifies a time period in which the landlord may make such repairs before the tenant may commence or contract for such repairs.
(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.
[ 2011 c 132 § 7; 1973 1st ex.s. c 207 § 11.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.120 - Defective condition—Unfeasible to remedy defect—Termination of tenancy.

RCW 59.18.120
Defective condition—Unfeasible to remedy defect—Termination of tenancy.
If a court or arbitrator determines a defective condition as described in RCW 59.18.060 to be so substantial that it is unfeasible for the landlord to remedy the defect within the time allotted by RCW 59.18.070, and that the tenant should not remain in the dwelling unit in its defective condition, the court or arbitrator may authorize the termination of the tenancy: PROVIDED, That the court or arbitrator shall set a reasonable time for the tenant to vacate the premises.
[ 1973 1st ex.s. c 207 § 12.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.140 - Reasonable obligations or restrictions—Tenant's duty to conform—Landlord's duty to provide written notice in increase of rent.

RCW 59.18.140
Reasonable obligations or restrictions—Tenant's duty to conform—Landlord's duty to provide written notice in increase of rent.
(1) The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement.
(2) Except for termination of tenancy and an increase in the amount of rent, after thirty days written notice to each affected tenant, a new rule of tenancy may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.
(3)(a) Except as provided in (b) of this subsection, a landlord shall provide a minimum of sixty days' prior written notice of an increase in the amount of rent to each affected tenant, and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement.
(b) If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, a landlord shall provide a minimum of thirty days' prior written notice of an increase in the amount of rent to each affected tenant. An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.
[ 2019 c 105 § 1; 2010 c 8 § 19022; 1989 c 342 § 6; 1973 1st ex.s. c 207 § 14.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.160 - Landlord's remedies if tenant fails to remedy defective condition.

RCW 59.18.160
Landlord's remedies if tenant fails to remedy defective condition.
If, after receipt of written notice, as provided in RCW 59.18.170, the tenant fails to remedy the defective condition within a reasonable time, the landlord may:
(1) Bring an action in an appropriate court, or at arbitration if so agreed for any remedy provided under this chapter or otherwise provided by law; or
(2) Pursue other remedies available under this chapter.
[ 1973 1st ex.s. c 207 § 16.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.170 - Landlord to give notice if tenant fails to carry out duties—Late fees.

RCW 59.18.170
Landlord to give notice if tenant fails to carry out duties—Late fees.
(1) If at any time during the tenancy the tenant fails to carry out the duties required by RCW 59.18.130 or 59.18.140, the landlord may, in addition to pursuit of remedies otherwise provided by law, give written notice to the tenant of said failure, which notice shall specify the nature of the failure.
(2) The landlord may not charge a late fee for rent that is paid within five days following its due date. If rent is more than five days past due, the landlord may charge late fees commencing from the first day after the due date until paid. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due.
(3) When late fees may be assessed after rent becomes due, the tenant may propose that the date rent is due in the rental agreement be altered to a different due date of the month. The landlord shall agree to such a proposal if it is submitted in writing and the tenant can demonstrate that his or her primary source of income is a regular, monthly source of governmental assistance that is not received until after the date rent is due in the rental agreement. The proposed rent due date may not be more than five days after the date the rent is due in the rental agreement. Nothing in this subsection shall be construed to prevent a tenant from making a request for reasonable accommodation under federal, state, or local law.
[ 2020 c 177 § 1; 1973 1st ex.s. c 207 § 17.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.190 - Notice to tenant to remedy nonconformance.

RCW 59.18.190
Notice to tenant to remedy nonconformance.
Whenever the landlord learns of a breach of RCW 59.18.130 or has accepted performance by the tenant which is at variance with the terms of the rental agreement or rules enforceable after the commencement of the tenancy, he or she may immediately give notice to the tenant to remedy the nonconformance. Said notice shall expire after sixty days unless the landlord pursues any remedy under this chapter.
[ 2010 c 8 § 19023; 1973 1st ex.s. c 207 § 19.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.210 - Tenancies from year to year except under written contract.

RCW 59.18.210
Tenancies from year to year except under written contract.
Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print, and shall be legal and valid for any term or period not exceeding one year, without acknowledgment, witnesses or seals.
[ 1973 1st ex.s. c 207 § 21.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.220 - End of tenancy for a specified time—Armed forces exception.

RCW 59.18.220
End of tenancy for a specified time—Armed forces exception.
(1) Except as limited under RCW 59.18.650, in cases where premises are rented for a specified time, by express or implied contract, the tenancy shall be deemed expired at the end of such specified time upon notice consistent with RCW 59.18.650, served in a manner consistent with RCW 59.12.040.
(2) Any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may end a tenancy for a specified time if the tenant receives permanent change of station or deployment orders. Before ending the tenancy, the tenant, or that tenant's spouse or dependent, shall provide written notice of 20 days or more to the landlord, which notice shall include a copy of the official military orders or a signed letter from the service member's commanding officer confirming any of the following criteria are met:
(a) The service member is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;
(b) The service member is prematurely or involuntarily discharged or released from active duty;
(c) The service member is released from active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service member's home of record prior to entering active duty;
(d) After entering into a rental agreement, the commanding officer directs the service member to move into government provided housing;
(e) The service member receives temporary duty orders, temporary change of station orders, or active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period not less than 90 days; or
(f) The service member has leased the property, but prior to taking possession of the rental premises, receives change of station orders to an area that is 35 miles or more from the location of the rental premises.
[ 2021 c 212 § 4; 2019 c 23 § 3; 2003 c 7 § 2; 1973 1st ex.s. c 207 § 22.]
NOTES:
Effective date—2021 c 212: See note following RCW 59.18.030.
Effective date—2003 c 7: See note following RCW 59.18.200.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.240 - Reprisals or retaliatory actions by landlord—Prohibited.

RCW 59.18.240
Reprisals or retaliatory actions by landlord—Prohibited.
So long as the tenant is in compliance with this chapter, the landlord shall not take or threaten to take reprisals or retaliatory action against the tenant because of any good faith and lawful:
(1) Complaints or reports by the tenant to a governmental authority concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenant; or
(2) Assertions or enforcement by the tenant of his or her rights and remedies under this chapter.
"Reprisal or retaliatory action" shall mean and include but not be limited to any of the following actions by the landlord when such actions are intended primarily to retaliate against a tenant because of the tenant's good faith and lawful act:
(a) Eviction of the tenant;
(b) Increasing the rent required of the tenant;
(c) Reduction of services to the tenant; and
(d) Increasing the obligations of the tenant.
[ 2010 c 8 § 19025; 1983 c 264 § 9; 1973 1st ex.s. c 207 § 24.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.250 - Reprisals or retaliatory actions by landlord—Presumptions—Rebuttal—Costs.

RCW 59.18.250
Reprisals or retaliatory actions by landlord—Presumptions—Rebuttal—Costs.
Initiation by the landlord of any action listed in RCW 59.18.240 within ninety days after a good faith and lawful act by the tenant as enumerated in RCW 59.18.240, or within ninety days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant: PROVIDED, That if at the time the landlord gives notice of termination of tenancy pursuant to chapter 59.12 RCW the tenant is in arrears in rent or in breach of any other lease or rental obligation, there is a rebuttable presumption affecting the burden of proof that the landlord's action is neither a reprisal nor retaliatory action against the tenant: PROVIDED FURTHER, That if the court finds that the tenant made a complaint or report to a governmental authority within ninety days after notice of a proposed increase in rent or other action in good faith by the landlord, there is a rebuttable presumption that the complaint or report was not made in good faith: PROVIDED FURTHER, That no presumption against the landlord shall arise under this section, with respect to an increase in rent, if the landlord, in a notice to the tenant of increase in rent, specifies reasonable grounds for said increase, which grounds may include a substantial increase in market value due to remedial action under this chapter: PROVIDED FURTHER, That the presumption of retaliation, with respect to an eviction, may be rebutted by evidence that it is not practical to make necessary repairs while the tenant remains in occupancy. In any action or eviction proceeding where the tenant prevails upon his or her claim or defense that the landlord has violated this section, the tenant shall be entitled to recover his or her costs of suit or arbitration, including a reasonable attorney's fee, and where the landlord prevails upon his or her claim he or she shall be entitled to recover his or her costs of suit or arbitration, including a reasonable attorney's fee: PROVIDED FURTHER, That neither party may recover attorney's fees to the extent that their legal services are provided at no cost to them.
[ 2010 c 8 § 19026; 1983 c 264 § 10; 1973 1st ex.s. c 207 § 25.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.260 - Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and conditions for retention by landlord—Written checklist required.

RCW 59.18.260
Moneys paid as deposit or security for performance by tenant—Written rental agreement to specify terms and conditions for retention by landlord—Written checklist required.
(1) If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify.
(2) No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement is provided by the landlord to the tenant at the commencement of the tenancy specifically describing the condition and cleanliness of or existing damages to the premises, fixtures, equipment, appliances, and furnishings including, but not limited to:
(a) Walls, including wall paint and wallpaper;
(b) Carpets and other flooring;
(c) Furniture; and
(d) Appliances.
(3) The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. The tenant has the right to request one free replacement copy of the written checklist.
(4) No such deposit shall be withheld on account of wear resulting from ordinary use of the premises.
(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.
[ 2023 c 331 § 3; 2011 c 132 § 13; 1983 c 264 § 6; 1973 1st ex.s. c 207 § 26.]
NOTES:
Findings—Intent—2023 c 331: See note following RCW 59.18.030.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.270 - Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—Remedies under foreclosure—Claims.

RCW 59.18.270
Moneys paid as deposit or security for performance by tenant—Deposit by landlord in trust account—Receipt—Remedies under foreclosure—Claims.
All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by *RCW 30.22.041 or licensed escrow agent located in Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address, and location of the new depository. If, during the tenancy, the tenant's dwelling unit is foreclosed upon and the tenant's deposit is not transferred to the successor after the foreclosure sale or other transfer of the property from the foreclosed-upon owner to a successor, the foreclosed-upon owner shall promptly refund the full deposit to the tenant immediately after the foreclosure sale or transfer. If the foreclosed-upon owner does not either immediately refund the full deposit to the tenant or transfer the deposit to the successor, the foreclosed-upon owner is liable to the tenant for damages up to two times the amount of the deposit. In any action brought by the tenant to recover the deposit, the prevailing party is entitled to recover the costs of suit or arbitration, including reasonable attorneys' fees. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.
[ 2011 c 132 § 14; 2004 c 136 § 1; 1975 1st ex.s. c 233 § 1; 1973 1st ex.s. c 207 § 27.]
NOTES:
*Reviser's note: RCW 30.22.041 was recodified as RCW 30A.22.041 pursuant to 2014 c 37 § 4, effective January 5, 2015.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.283 - Moneys paid by tenant—Landlord must apply toward rent—Tenant's right to possession—Installment payment plans.

RCW 59.18.283
Moneys paid by tenant—Landlord must apply toward rent—Tenant's right to possession—Installment payment plans.
Under this chapter:
(1) A landlord must first apply any payment made by a tenant toward rent before applying any payment toward late payments, damages, legal costs, or other fees, including attorneys' fees.
(2) Except as provided in RCW 59.18.410, the tenant's right to possession of the premises may not be conditioned on a tenant's payment or satisfaction of any monetary amount other than rent. However, this does not foreclose a landlord from pursuing other lawful remedies to collect late payments, legal costs, or other fees, including attorneys' fees.
(3) When, at the commencement of the tenancy, the landlord has provided an installment payment plan for nonrefundable fees or deposits for the security of the tenant's obligations and the tenant defaults in payment, the landlord may treat the default in payment as rent owing. Any rights the tenant and landlord have under this chapter with respect to rent owing equally apply under this subsection.
[ 2019 c 356 § 6.]
NOTES:
Intent—2019 c 356: See note following RCW 59.12.030.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.285 - Nonrefundable fees not to be designated as deposit—Written rental agreement required—Remedies.

RCW 59.18.285
Nonrefundable fees not to be designated as deposit—Written rental agreement required—Remedies.
No moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit. If any moneys are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as nonrefundable fees. If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW 59.18.260, 59.18.270, and 59.18.280.
[ 2011 c 132 § 15; 1983 c 264 § 5.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.290 - Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date—Attorneys' fees.

RCW 59.18.290
Removal or exclusion of tenant from premises—Holding over or excluding landlord from premises after termination date—Attorneys' fees.
(1) It is unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorneys' fees.
(2) It is unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order so authorizing. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him or her, and the prevailing party may recover his or her costs of suit or arbitration and reasonable attorneys' fees subject to subsections (3) and (4) of this section.
(3) Where the court has entered a judgment in favor of the landlord restoring possession of the property to the landlord, the court may award reasonable attorneys' fees to the landlord; however, the court shall not award attorneys' fees in the following instances:
(a) If the judgment for possession is entered after the tenant failed to respond to a pleading or other notice requiring a response authorized under this chapter; or
(b) If the total amount of rent awarded in the judgment for rent is equal to or less than two months of the tenant's monthly contract rent or one thousand two hundred dollars, whichever is greater.
(4) If a tenant has filed a motion to stay a writ of restitution from execution, the court may only award attorneys' fees to the landlord if the tenant is permitted to be reinstated pursuant to RCW 59.18.410(3). Any attorneys' fees awarded shall be subject to repayment pursuant to RCW 59.18.410(3).
[ 2020 c 315 § 7; 2019 c 356 § 10; 2010 c 8 § 19028; 1973 1st ex.s. c 207 § 29.]
NOTES:
Effective date—2020 c 315 §§ 5-8: See note following RCW 59.18.410.
Findings—Intent—2020 c 315: See note following RCW 59.18.057.
Intent—2019 c 356: See note following RCW 59.12.030.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.300 - Termination of tenant's utility services—Tenant causing loss of landlord provided utility services.

RCW 59.18.300
Termination of tenant's utility services—Tenant causing loss of landlord provided utility services.
It shall be unlawful for a landlord to intentionally cause termination of any of his or her tenant's utility services, including water, heat, electricity, or gas, except for an interruption of utility services for a reasonable time in order to make necessary repairs. Any landlord who violates this section may be liable to such tenant for his or her actual damages sustained by him or her, and up to one hundred dollars for each day or part thereof the tenant is thereby deprived of any utility service, and the prevailing party may recover his or her costs of suit or arbitration and a reasonable attorney's fee. It shall be unlawful for a tenant to intentionally cause the loss of utility services provided by the landlord, including water, heat, electricity, or gas, excepting as resulting from the normal occupancy of the premises.
[ 2010 c 8 § 19029; 1973 1st ex.s. c 207 § 30.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.315 - Mediation of disputes by independent third party.

RCW 59.18.315
Mediation of disputes by independent third party.
The landlord and tenant may agree in writing to submit any dispute arising under the provisions of this chapter or under the terms, conditions, or performance of the rental agreement, to mediation by an independent third party. The parties may agree to submit any dispute to mediation before exercising their right to arbitration under RCW 59.18.320.
[ 1983 c 264 § 11.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.320 - Arbitration—Authorized—Exceptions—Notice—Procedure.

RCW 59.18.320
Arbitration—Authorized—Exceptions—Notice—Procedure.
(1) The landlord and tenant may agree, in writing, except as provided in RCW 59.18.230(2)(e), to submit to arbitration, in conformity with the provisions of this section, any controversy arising under the provisions of this chapter, except the following:
(a) Controversies regarding the existence of defects covered in subsections (1) and (2) of RCW 59.18.070: PROVIDED, That this exception shall apply only before the implementation of any remedy by the tenant;
(b) Any situation where court action has been started by either landlord or tenant to enforce rights under this chapter; when the court action substantially affects the controversy, including but not limited to:
(i) Court action pursuant to subsections (2) and (3) of RCW 59.18.090 and subsections (1) and (2) of RCW 59.18.160; and
(ii) Any unlawful detainer action filed by the landlord pursuant to chapter 59.12 RCW.
(2) The party initiating arbitration under subsection (1) of this section shall give reasonable notice to the other party or parties.
(3) Except as otherwise provided in this section, the arbitration process shall be administered by any arbitrator agreed upon by the parties at the time the dispute arises: PROVIDED, That the procedures shall comply with the requirements of chapter 7.04A RCW (relating to arbitration) and of this chapter.
[ 2005 c 433 § 45; 1973 1st ex.s. c 207 § 32.]
NOTES:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.330 - Arbitration—Application—Hearings—Decisions.

RCW 59.18.330
Arbitration—Application—Hearings—Decisions.
(1) Unless otherwise mutually agreed to, in the event a controversy arises under RCW 59.18.320 the landlord or tenant, or both, shall complete an application for arbitration and deliver it to the selected arbitrator.
(2) The arbitrator so designated shall schedule a hearing to be held no later than ten days following receipt of notice of the controversy, except as provided in RCW 59.18.350.
(3) The arbitrator shall conduct public or private hearings. Reasonable notice of such hearings shall be given to the parties, who shall appear and be heard either in person or by counsel or other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. A recording of the proceedings may be taken. Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths, to issue subpoenas, to require the attendance of witnesses and the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator material to a just determination of the issues in dispute. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior court, and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof.
(4) Within five days after conclusion of the hearing, the arbitrator shall make a written decision upon the issues presented, a copy of which shall be mailed by certified mail or otherwise delivered to the parties or their designated representatives. The determination of the dispute made by the arbitrator shall be final and binding upon both parties.
(5) If a defective condition exists which affects more than one dwelling unit in a similar manner, the arbitrator may consolidate the issues of fact common to those dwelling units in a single proceeding.
(6) Decisions of the arbitrator shall be enforced or appealed according to the provisions of chapter 7.04A RCW.
[ 2005 c 433 § 46; 1973 1st ex.s. c 207 § 33.]
NOTES:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.340 - Arbitration—Fee.

RCW 59.18.340
Arbitration—Fee.
The administrative fee for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise allocated by the arbitrator, shall be shared equally by the parties: PROVIDED, That upon either party signing an affidavit to the effect that he or she is unable to pay his or her share of the fee, that portion of the fee may be waived or deferred.
[ 2010 c 8 § 19030; 1983 c 264 § 12; 1973 1st ex.s. c 207 § 34.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.350 - Arbitration—Completion of arbitration after giving notice.

RCW 59.18.350
Arbitration—Completion of arbitration after giving notice.
When a party gives notice pursuant to RCW 59.18.320(2), he or she must, at the same time, arrange for arbitration of the grievance in the manner provided for in this chapter. The arbitration shall be completed before the rental due date next occurring after the giving of notice pursuant to RCW 59.18.320: PROVIDED, That in no event shall the arbitrator have less than ten days to complete the arbitration process.
[ 2010 c 8 § 19031; 1973 1st ex.s. c 207 § 35.]
2023 Revised Code of Washington › Title 59 - Landlord and Tenant › Chapter 59.18 - Residential Landlord-Tenant Act. › 59.18.354 - Threatening behavior by landlord—Termination of agreement—Financial obligations.

RCW 59.18.354
Threatening behavior by landlord—Termination of agreement—Financial obligations.
If a tenant is threatened by the landlord with a firearm or other deadly weapon as defined in RCW 9A.04.110, and the threat leads to an arrest of the landlord, then the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement. The tenant is discharged from payment of rent for any period following the quitting date, and is entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280.
[ 1992 c 38 § 6.]
NOTES:
Intent—Effective date—1992 c 38: See notes following RCW 59.18.352.