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Page 6 of 15 Information for Tenants <br />landlord may agree. If an alternative plan is mutually <br />agreed to, it must be described in a written rental agree- <br />ment or a written addendum to the agreement. <br />If a tenant wants to pay a security deposit, move-in fees, <br />a pet damage deposit, or last month’s rent in install- <br />ments, the tenant must request such a payment plan. <br />Summary of Landlord and Tenant Rights <br />A landlord must distribute a summary of state landlord <br />tenant law and City of Seattle rental housing codes <br />describing the rights, obligations, and remedies of <br />landlords and tenants under these laws. This require- <br />ment can be met by distributing the current version <br />of the Seattle Department of Construction and In- <br />spections Publication Information for Tenants. This <br />document must be given to each prospective tenant, <br />to a tenant at the time a rental agreement is offered, <br />and when a rental agreement is renewed. Month-to- <br />month tenants must receive the most current version <br />of this document at least once a year. When a rental <br />agreement is renewed, Information for Tenants maybe <br />be distributed electronically. The current version of <br />Information for Tenants can be accessed at: awww. <br />seattle.gov/dpd/cms/groups/pan/@pan/documents/ <br />web_informational/dpdd016420.pdf <br />If a landlord fails to distribute the summary in accor- <br />dance with these requirements, a tenant may termi- <br />nate the rental agreement by written notice. In addi- <br />tion, the tenant may recover, in a civil action against <br />the landlord, actual damages, attorney fees, and a <br />penalty of up to $500. If a court determines that the <br />landlord deliberately failed to comply with this require- <br />ment, the penalty may be up to $1,000. <br />Violations <br />A violation of the Rental Agreement Regulation Ordi- <br />nance is subject to a citation in the amount of $500 <br />for an initial violation and $1,000 for each subsequent <br />violation occurring within five (5) years of the first vio- <br />lation. Citations can be appealed to the City of Seattle <br />Hearing Examiner. Violations also are subject to a No- <br />tice of Violation after the issuance of two (2) citations. <br />Tenant's Private Right of Action <br />If a landlord attempts to enforce provisions of a rental <br />agreement which are contrary to: <br />1. The requirement that a rental agreement contain <br />certain specific provisions; <br />2. The limitations imposed on security deposits, pet <br />damage deposits, and non-refundable move-in <br />fees; or <br />3. The requirement to adopt an installment payment <br />plan <br />The landlord shall be liable to the tenant for: <br />1. Actual damages incurred by the tenant because of <br />the landlord’s attempted enforcement; <br />2. Double the amount of any penalties imposed by <br />the City of Seattle; <br />3. Double the amount of any security deposit unlaw- <br />fully charged or withheld by the landlord; <br />4. Up to $3,000; and <br />5. Reasonable attorney fees and court costs. <br />Tenant Waiver of Rights or Remedies <br />No residential rental agreement, whether oral or writ- <br />ten, can waive rights or remedies under the Rental <br />Agreement Regulation Ordinance. However, a land- <br />lord and tenant may agree to waive certain specific <br />requirements of the Ordinance. In order to do this, the <br />following conditions must be met: <br />1. The agreement must specify in writing the specific <br />provisions to be waived; <br />2. The agreement cannot appear in a standard form, <br />lease, or rental agreement; <br />3. There can be no substantial inequity in the bar- <br />gaining positions of the landlord and tenant; and <br />4. The tenant must be represented by an attorney <br />who has approved the agreement as being in com- <br />pliance with the requirements of the Ordinance. <br /> <br />Exceptions <br />The provisions of this Ordinance limiting and restrict- <br />ing the amount of charges for security deposits and <br />non-refundable move-in fees, and the payment of se- <br />curity deposits and move-fees on an installment basis <br />do not apply to a tenant who rents a housing unit in a <br />single-family residence if the residence is the principal <br />residence of the property owner. <br />Also, exempted from regulation are the return or reten- <br />tion of a security deposit, the requirement to provide a <br />unit condition checklist, and the requirement to place <br />a security deposit in a trust account and disclose to <br />the tenant the location of the account. However, the <br />Washington State Residential Landlord-Tenant Act still <br />regulates these requirements.