CHAPTER 4 - RENTAL AGREEMENTS

            RCW 59.18.030(6) defines a “rental agreement” as “all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.” Thus, oral agreements are enforceable. Note that fire safety devices, RCW 59.18.160(11); lead based paint disclosures, 42 U.S.C. § 4852d; and indoor mold disclosures, RCW 59.18.060(12) must be in writing. Note further that if a landlord collects a damage and security deposit, the rental agreement must be in writing, RCW 59.18.260.   Preprinted “fill in the blank” rental agreements are specifically authorized by RCW 59.18.210 and may be for any time period for up to one year. Residential rental agreements for a time period in excess of one year must be acknowledged, witnessed or sealed. Generally, an unacknowledged lease for term exceeding one year, with monthly rental reserved, is effective only as oral lease, and results in tenancy from month-to-month; but, this rule is not absolute, especially when there are equities sustaining the lease or estopping denial of its validity such as tenant-made improvements. Stevenson v. Parker.

            Also, under RCW 59.18.200(1)(b), a tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependant, may terminate a rental agreement with less than twenty days' notice if the tenant receives reassignment or deployment orders that do not allow a twenty-day notice.

            Finally, a lease for indefinite period of time with monthly rent reserved is construed as month-to-month tenancy. Housing Resource Group v. Price. Where a tenant holds over past the initial term, and the landlord accepts rent or otherwise, the term of the tenancy shall be construed as a month-to-month tenancy.

            Statutory duties are established by RCW 59.18.130. (See Chapter 2). In addition to the statutory duties, landlords may establish reasonable rules governing tenant behavior. RCW 59.18.140 requires tenants to conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules or otherwise, concerning the use, occupation, and maintenance of his dwelling unit so long as the obligations or restrictions are not in violation of any requirement of the Residential Landlord-Act or is not otherwise contrary to law.

            As long as the obligations are “reasonable” and not in violation of the law, the scope and nature of such rules and obligations are limited only by market the considerations. For example, “no smoking” rules are enforceable. It is not uncommon for landlords to include certain addenda to the rental agreement to address certain concerns. Common provisions in rental agreements include cleaning specifications, pet limitations/ authorization and storage facility rules. Other rules may limit smoking in the unit, limit the number of occupants, limit vehicles, etc.

            Except for terminating a tenancy which requires twenty (20) days notice prior to the end of a rental term, rules and regulations may become effective at the time of the tenant’s initial occupancy or upon written notice to each affected tenancy at least thirty (30) days prior to end of a rental term or sooner upon mutual agreement. RCW 59.18.140.

            Landlords may prohibit or limit pets, but Landlords who prohibit pets cannot lawfully prohibit “service animals.” Under the Federal Fair Housing Act, 42 USC §§ 3601-3619, a landlord must make “reasonable accommodation” to any disabled or handicapped tenant making such a request. This is an evolving area of the law. The federal Courts are distinguishing between “service animals” which require a certain amount of training and “companion animals” that do not necessarily require specialized training. 

            A tenant with a disabling condition may request that the landlord for a reasonable accommodation to allow him to maintain a “service animal.” Reasonable Accommodation is enforced at 24 C.F.R. § 100.204:

Example (1): A blind applicant for rental housing wants live in a dwelling unit with a seeing eye dog. The building has a no pets policy. It is a violation of Sec. 100.204 for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a seeing eye dog because, without the seeing eye dog, the blind person will not have an equal opportunity to use and enjoy a dwelling.

Example (2) omitted.