Mandatory Disclosures – Seattle Tenants

There are mainly five disclosure items you need to be aware of if you own property in Puget Sound. The first is with respect to the Landlord-Tenant laws themselves. A summary of Washington State and City of Seattle landlord-tenant laws must be provided to tenants at least annually. This summary highlights the obligations of both landlord and tenants, including provisions regarding evictions. Tenants can recover actual damages, legal costs, and penalties through a private action against landlords who violate this law.

The second is regarding lead paint. The United States Department of Housing and Urban Development requires landlords to provide prospective residents with notice of certain known information about lead paint and lead-based paint hazards before leases enter into validity. This is a federal requirement rather than a state or local one, but it is a law and it is required. You can find HUD’s brochure on lead paint and lead-based paint hazards online at the US Department of Housing and Urban Development website. If your building was built before 1978, print the brochure, give it to your tenant, and have them sign or initial an acknowledgment that they have received and reviewed the brochure.

The third is with respect to deposits. The City of Seattle requires landlords to provide tenants with a written receipt for each deposit. The term “deposit” can only be used with respect to money that can be refunded. If the money is not to be refunded, such as a non-refundable “pet” deposit, it should not be called a “deposit”. Instead, call it something else, like “Non-refundable Pet Service Fee.” The rental agreement must be in writing and must state what each deposit is for and what the tenant must do to get the money back. A checklist describing the condition of the unit must be completed and signed by the tenant and a signed copy must be given to the tenant. Deposits must be held in a trust account with a bank or escrow company and tenants must be informed in writing where the deposits are held. The landlord, however, has no obligation to pay interest to the tenants on the retained deposits.

The fourth is regarding rent increases for Seattle tenants. The City of Seattle requires landlords to give tenants at least sixty (60) days notice if the landlord intends to increase rents by more than ten percent (10%) within a twelve (12) ) months. Seattle landlords also cannot require a month-to-month tenant to stay for more than one rental period. Rental provisions that penalize a tenant for such violations are not enforceable.

The fifth is regarding mold. The Washington State Department of Health has a website that lists Frequently Asked Questions about mold. Mold can affect human health. For some, the impact of mold can be significant. Molds can trigger asthma attacks or allergy symptoms (similar to hay fever). Although mold and the mycotoxins it can produce remain a subject of considerable debate, it should not be tolerated in your investment property, even if you don’t live there. Landlords notify new tenants on or after July 24, 2005 and current tenants by January 1, 2006. Landlords must provide information to tenants about the health hazards associated with mold and what steps to take tenant to control mold. This information may be posted in a conspicuous public place. The mold pamphlet, which has been approved by the US Environmental Protection Agency, containing the required disclosure, can be found here.

Anything else I need to do to ensure a great homeownership experience?

The best thing a landlord can do to ensure a great experience for himself and his tenants is to manage firmly, but fairly. By that, I mean you have to fix problems right away when they are reported, be reasonable when tenants ask for things to be done or improvements made, be reasonably accessible in case they need to contact you for any reason (my tenants have my cell phone number and my email address, both at work and at home), keep the property in good repair and try to do your duty if you can. If unforeseen situations arise that inconvenience your tenants, consider giving them a small discount on their monthly rent simply as a gesture, even if you are not contractually bound to do so. Even a $10 reduction in rent will buy a significant amount of goodwill, which will translate into fewer calls, more reasonable requests over time, and if something really does go wrong, your tenants will be more willing to work with you to resolve the problem.

Federal law prohibits landlords from refusing to rent to a person or from imposing different rental terms on a person because of race, color, religion, sex, disability, familial status (having children or seeking custody of children) or national origin. State law also protects the same individuals as to marital status, creed, the presence of sensory, mental or physical disabilities. Anyone who feels they may have been the victim of housing discrimination may file a written complaint with the Washington State Human Rights Commission or the federal Fair Urban Housing Section of the US Department of Housing and Urban Development.

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