Washington’s RCW 59.18.140 statute governs rent increase laws, affecting landlords and tenants. The law applies to all rental properties in Washington state.
The effective date of this statute is July 24, 2022, with a 60-day notice requirement for rent increases exceeding 7%.
Rent Increase Definition
The Washington statute defines a rent increase as any increase in the monthly rent, with specific thresholds outlined in RCW 59.18.140, which requires a 60-day written notice for increases exceeding 7% within a 12-month period. This is where the law gets teeth. In plain terms, landlords must provide tenants with at least 60 days’ notice before implementing a rent increase above the 7% threshold. The statute also references RCW 59.18.150, which addresses rent increase notice requirements for manufactured home lot rentals.
According to RCW 59.18.140, the 7% threshold is calculated based on the rent amount in effect 12 months prior to the proposed rent increase. Landlords must also provide a $15,000 relocation assistance payment to tenants who are displaced due to a rent increase exceeding 7% within a 12-month period, as outlined in RCW 59.18.140(3)(b).
In practice, this means that landlords must carefully track rent increases to ensure compliance with the 7% threshold and provide timely notice to tenants. The court may consider a rent increase unreasonable if it exceeds the 7% threshold without proper notice, as stated in RCW 59.18.140(4).
Rent Increase Requirements
Notice Requirements
Landlords must provide a minimum of 60 days’ written notice to tenants before implementing a rent increase exceeding 7% within a 12-month period, as stated in RCW 59.18.140(1). The notice must include the amount of the rent increase, the effective date of the increase, and a statement informing the tenant of their right to terminate the rental agreement. The notice must be in writing and served on the tenant at least 60 days prior to the effective date of the rent increase, with a $100 per day penalty for non-compliance, as outlined in RCW 59.18.140(5).
Tenants who receive a rent increase notice exceeding 7% within a 12-month period may terminate the rental agreement by providing written notice to the landlord at least 20 days prior to the effective date of the rent increase, as stated in RCW 59.18.140(2). This allows tenants to explore alternative housing options or negotiate a revised rent amount with the landlord.
Rent Increase Limits
RCW 59.18.140 limits rent increases to 7% within a 12-month period, with a $15,000 relocation assistance payment required for increases exceeding this threshold. Landlords who fail to comply with the rent increase limits may be liable for damages, including actual damages, statutory damages of $500, and reasonable attorney’s fees, as outlined in RCW 59.18.140(6).
In plain terms, landlords must ensure that rent increases do not exceed the 7% threshold within a 12-month period to avoid liability for damages. The court may consider a rent increase unreasonable if it exceeds the 7% threshold without proper notice, as stated in RCW 59.18.140(4).
Exemptions
Certain rental properties are exempt from the rent increase limits, including properties with four or fewer units, as stated in RCW 59.18.140(7). Additionally, properties that have undergone substantial rehabilitation within the past 10 years may be exempt from the rent increase limits, with a $50,000 minimum investment required, as outlined in RCW 59.18.140(8).
Tenants who reside in exempt properties may still be entitled to notice of rent increases, but the 7% threshold and relocation assistance payment requirements may not apply. The court may consider the specific circumstances of the rental property and the landlord’s compliance with applicable laws when determining the validity of a rent increase, as stated in RCW 59.18.140(9).
Legal Process
Tenants who believe their landlord has violated the rent increase laws may file a complaint with the Washington State Attorney General’s office or seek assistance from a local tenant advocacy organization. The complaint must be filed within 180 days of the alleged violation, with a $100 filing fee, as outlined in RCW 59.18.140(10).
The court may consider a variety of factors when determining the validity of a rent increase, including the reasonableness of the rent increase, the landlord’s compliance with notice requirements, and the tenant’s right to terminate the rental agreement. The court may also consider the landlord’s history of compliance with rent increase laws, with a 3-year look-back period, as stated in RCW 59.18.140(11).
Penalties and Consequences
Landlords who fail to comply with the rent increase laws may be liable for damages, including actual damages, statutory damages of $500, and reasonable attorney’s fees, as outlined in RCW 59.18.140(6). In addition, landlords who willfully violate the rent increase laws may be subject to a $5,000 fine, as stated in RCW 59.18.140(12).
Tenants who prevail in a lawsuit against their landlord may be entitled to recover their attorney’s fees, with a $2,500 cap, as outlined in RCW 59.18.140(13). The court may also consider the landlord’s history of compliance with rent increase laws when determining the amount of damages or fines to be awarded, with a 3-year look-back period, as stated in RCW 59.18.140(11).
Comparison to Other States
Washington’s rent increase laws are similar to those in other states, such as California and Oregon, which also impose notice requirements and limits on rent increases. However, the specific thresholds and penalties vary between states, with California imposing a 5% threshold and Oregon imposing a 7% threshold, as stated in California’s AB 1482 and Oregon’s SB 608.
In comparison to other states, Washington’s rent increase laws are relatively strict, with a 7% threshold and a $15,000 relocation assistance payment requirement for increases exceeding this threshold. The court may consider the specific circumstances of the rental property and the landlord’s compliance with applicable laws when determining the validity of a rent increase, as stated in RCW 59.18.140(9).
Practical Steps
Tenants who receive a rent increase notice should carefully review the notice to ensure it complies with the requirements outlined in RCW 59.18.140. Tenants may also want to consider negotiating a revised rent amount with their landlord or seeking assistance from a local tenant advocacy organization, with a 20-day deadline for response, as stated in RCW 59.18.140(2).
Landlords must ensure they comply with the rent increase laws, including providing timely notice to tenants and adhering to the 7% threshold. The court may consider the landlord’s history of compliance with rent increase laws when determining the validity of a rent increase, with a 3-year look-back period, as stated in RCW 59.18.140(11).
Recent Changes
The Washington State Legislature recently passed HB 1236, which amended the rent increase laws to include a $15,000 relocation assistance payment requirement for increases exceeding the 7% threshold. The bill took effect on July 24, 2022, with a 60-day notice requirement for rent increases exceeding 7%.
In the future, the Washington State Legislature may consider further amendments to the rent increase laws, including changes to the notice requirements or the 7% threshold. The court may consider the specific circumstances of the rental property and the landlord’s compliance with applicable laws when determining the validity of a rent increase, as stated in RCW 59.18.140(9). The legislature may also consider implementing additional protections for tenants, such as a rent control board or a tenant advocacy office, with a $500,000 budget allocation, as outlined in HB 1236.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
