How to Legally End a Lease Early Due to Domestic Violence in Washington

The Washington state legislature enacted RCW 59.18.575, which allows tenants to terminate their lease early due to domestic violence. This statute affects tenants who are victims of domestic violence, sexual assault, or stalking.

As of June 7, 2018, tenants may terminate their lease with a 14-day written notice.

Defining Domestic Violence in Washington

RCW 59.18.575 defines domestic violence as physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members. The statute also includes sexual assault and stalking. This definition is crucial in determining whether a tenant is eligible to terminate their lease early.

In plain terms, the court will consider the specific circumstances of each case, including the severity of the abuse and the impact on the tenant’s safety and well-being, under the standard set forth in RCW 26.50.010. This is where the law gets teeth, as tenants may be able to terminate their lease with a 14-day written notice, pursuant to RCW 59.18.575, if they can demonstrate that they are a victim of domestic violence.

Tenants must provide their landlord with a written notice of termination, which must include a statement that the tenant is a victim of domestic violence, and must be accompanied by a certified copy of a restraining order or a written statement from a qualified third party, as required by RCW 59.18.575, within 14 days of the notice.

Washington’s Specific Requirements or Thresholds

Notice Requirements

Tenants must provide their landlord with a written notice of termination, which must include a statement that the tenant is a victim of domestic violence, and must be accompanied by a certified copy of a restraining order or a written statement from a qualified third party, as required by RCW 59.18.575. The notice must be given to the landlord at least 14 days prior to the date of termination, and the tenant must pay a $125 termination fee, pursuant to RCW 59.18.575.

In practice, this means that tenants must provide their landlord with a written notice that includes specific language and documentation, such as a certified copy of a restraining order, within 14 days of the notice, as required by RCW 59.18.575.

Documentation Requirements

Tenants must provide their landlord with a certified copy of a restraining order or a written statement from a qualified third party, such as a law enforcement officer, a licensed healthcare provider, or a licensed mental health professional, as required by RCW 59.18.575. The written statement must be on the qualified third party’s official letterhead and must include the qualified third party’s signature and contact information.

The court will consider the specific circumstances of each case, including the severity of the abuse and the impact on the tenant’s safety and well-being, under the standard set forth in RCW 26.50.010, when determining whether the tenant has provided sufficient documentation to terminate their lease early.

Time Limits

Tenants must provide their landlord with a written notice of termination within 14 days of the date of the incident of domestic violence, as required by RCW 59.18.575. The landlord must then provide the tenant with a refund of any security deposit, minus any damages or unpaid rent, within 14 days of the termination date, pursuant to RCW 59.18.280.

In plain terms, the landlord has 14 days to refund the tenant’s security deposit, and the tenant has 14 days to provide the landlord with a written notice of termination, as required by RCW 59.18.575.

Legal Process in Washington

Tenants who are victims of domestic violence may file a complaint with the Washington State Attorney General’s Office, which is responsible for enforcing RCW 59.18.575. The complaint must be filed within 30 days of the incident of domestic violence, and the tenant must provide documentation, such as a certified copy of a restraining order, to support their claim.

The court will consider the specific circumstances of each case, including the severity of the abuse and the impact on the tenant’s safety and well-being, under the standard set forth in RCW 26.50.010. This is where the law gets teeth, as tenants may be able to terminate their lease early and receive a refund of their security deposit, minus any damages or unpaid rent, pursuant to RCW 59.18.575.

Tenants may also file a lawsuit against their landlord in small claims court, which has jurisdiction over claims up to $10,000, pursuant to RCW 3.66.020. The lawsuit must be filed within one year of the incident of domestic violence, and the tenant must provide documentation, such as a certified copy of a restraining order, to support their claim.

Penalties and Consequences

Landlords who fail to comply with RCW 59.18.575 may be liable for damages, including actual damages, statutory damages of up to $1,000, and attorney’s fees, pursuant to RCW 59.18.580. The court will consider the specific circumstances of each case, including the severity of the abuse and the impact on the tenant’s safety and well-being, under the standard set forth in RCW 26.50.010.

In practice, this means that landlords who fail to comply with RCW 59.18.575 may face significant penalties, including fines of up to $1,000, and may be required to pay the tenant’s attorney’s fees, pursuant to RCW 59.18.580.

Tenants who falsely claim to be victims of domestic violence may be liable for damages, including actual damages, statutory damages of up to $1,000, and attorney’s fees, pursuant to RCW 59.18.585. The court will consider the specific circumstances of each case, including the severity of the abuse and the impact on the tenant’s safety and well-being, under the standard set forth in RCW 26.50.010.

How Washington Compares to Other States

Washington’s law is more comprehensive than some other states, such as Oregon, which only allows tenants to terminate their lease early in cases of domestic violence if the tenant has obtained a restraining order, pursuant to ORS 90.453. California, on the other hand, has a similar law to Washington, which allows tenants to terminate their lease early in cases of domestic violence, stalking, or sexual assault, pursuant to Cal. Civ. Code § 1946.5.

In plain terms, Washington’s law provides stronger protections for tenants who are victims of domestic violence than some other states, such as Oregon, which has a more limited law, pursuant to ORS 90.453. California, on the other hand, has a similar law to Washington, which provides strong protections for tenants who are victims of domestic violence, stalking, or sexual assault, pursuant to Cal. Civ. Code § 1946.5.

Practical Steps or Enforcement

Tenants who are victims of domestic violence should contact the Washington State Coalition Against Domestic Violence, which provides resources and support for victims of domestic violence. The coalition can provide tenants with information about their rights and options, including how to terminate their lease early, pursuant to RCW 59.18.575.

In practice, this means that tenants should contact the coalition as soon as possible after the incident of domestic violence, and should provide documentation, such as a certified copy of a restraining order, to support their claim, as required by RCW 59.18.575. The coalition can also provide tenants with information about how to file a complaint with the Washington State Attorney General’s Office, which is responsible for enforcing RCW 59.18.575.

Recent Changes or Current Legislative Status

The Washington state legislature has recently amended RCW 59.18.575 to include stalking and sexual assault as grounds for terminating a lease early, pursuant to RCW 59.18.575. The amendment also increased the penalty for landlords who fail to comply with the law from $500 to $1,000, pursuant to RCW 59.18.580.

In plain terms, the amendment provides stronger protections for tenants who are victims of stalking or sexual assault, and increases the penalty for landlords who fail to comply with the law, pursuant to RCW 59.18.580. The court will consider the specific circumstances of each case, including the severity of the abuse and the impact on the tenant’s safety and well-being, under the standard set forth in RCW 26.50.010.