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Information for Tenants Page 9 of 15 <br />LIABILITY <br />Once a tenant has signed a rental agreement, the ten- <br />ant must continue to pay the rent to maintain eligibil- <br />ity to bring actions under this act. The tenant should <br />also understand what he or she is responsible for in <br />the maintenance of the property. While the landlord is <br />responsible for any damage which occurs due to the <br />landlord's negligence, the tenant must be prepared to <br />accept responsibility for damages he or she causes. <br />ILLEGAL PROVISIONS IN RENTAL <br />AGREEMENTS <br />Some provisions which may appear in rental agree- <br />ments or leases are not legal and cannot be enforced <br />under the law. [RCW 59.18.230] These include: <br />• A provision which waives any right given to ten- <br />ants by the Landlord-Tenant Act or that surren- <br />ders tenants’ right to defend themselves in court <br />against a landlord’s accusations. <br />• A provision stating the tenant will pay the land- <br />lord’s attorney’s fees under any circumstances if a <br />dispute goes to court. <br />• A provision which limits the landlord’s liability in <br />situations where the landlord would normally be <br />responsible. <br />• A provision which requires the tenant to agree to a <br />particular arbitrator at the time of signing the <br />rental agreement. <br />• A provision allowing the landlord to enter the <br />rental unit without proper notice. <br />• A provision requiring a tenant to pay for all dam- <br />age to the unit, even if it is not caused by tenants <br />or their guests. <br />• A provision that allows the landlord to seize a ten- <br />ant’s property if the tenant falls behind in rent. <br />PRIVACY—LANDLORD’S ACCESS TO THE <br />RENTAL [RCW 59.18.150] <br />The landlord must give the tenant at least a two day <br />written notice of his intent to enter at reasonable <br />times. However, tenants must not unreasonably <br />refuse to allow the landlord to enter the rental where <br />the landlord has given at least one-day’s notice of <br />intent to enter at a specified time to exhibit the dwell- <br />ing to prospective or actual purchasers or tenants. <br />The law says that tenants shall not unreasonably <br />refuse the landlord access to repair, improve, or <br />service the dwelling. In case of an emergency, or <br />if the property has been abandoned, the landlord <br />can enter without notice. The landlord still must get <br />the tenant’s permission to enter, even if the required <br />advance notice has been given. <br />DEPOSITS AND OTHER FEES <br />Refundable deposits <br />Under the Landlord-Tenant Act, the term “deposit” <br />can only be applied to money which can be refunded <br />to the tenant. If a refundable deposit is collected, the <br />law requires: <br />• The rental agreement must be in writing. It must say <br />what each deposit is for and what the tenant must <br />do in order to get the money back. [RCW 59.18.260] <br />• The tenant must be given a written receipt for <br />each deposit. [RCW 59.18.270] <br />• A checklist or statement describing the condition <br />of the rental unit must be filled out. The landlord <br />and the tenant must sign it, and the tenant must <br />be given a signed copy. [RCW 59.18.260] <br />• The deposits must be placed in a trust account in <br />a bank or escrow company. The tenant must be <br />informed in writing where the deposits are being <br />kept. Unless some other agreement has been <br />made in writing, any interest earned by the depos- <br />it belongs to the landlord. [RCW 59.18.270] <br />Non-refundable fees <br />These will not be returned to the tenant under any cir- <br />cumstances. If a non-refundable fee is being charged, <br />the rental agreement must be in writing and must state <br />that the fee will not be returned. A non-refundable fee <br />cannot legally be called a “deposit.” [RCW 59.18.285] <br />LANDLORD’S RESPONSIBILITIES <br />[RCW 59.18.060] <br />The landlord must: <br />• Maintain the dwelling so it does not violate state <br />and local codes in ways which endanger tenants’ <br />health and safety <br />• Maintain structural components, such as roofs, <br />floors and chimneys, in reasonably good repair. <br />• Maintain the dwelling in reasonably weather tight <br />condition <br />• Provide reasonably adequate locks and keys. <br />• Provide the necessary facilities to supply heat, <br />electricity, hot and cold water <br />• Provide garbage cans and arrange for removal of <br />garbage, except in single family dwellings <br />• Keep common areas, such as lobbies, stairways <br />and halls, reasonably clean and free from hazards <br />• Control pests before the tenant moves in. The <br />landlord must continue to control infestations <br />except in single family dwellings, or when the <br />infestation was caused by the tenant <br />• Make repairs to keep the unit in the same condi- <br />tion as when the tenant moved in—except for <br />normal wear and tear <br />• Keep electrical, plumbing and heating systems in