Washington state landlord tenant law rent increase

Washington State Law prohibits rent caps which means landlords can raise rent as much as they want. Some cities are finding other ways to add rental laws.

SEATTLE — A new ordinance in Kirkland requires landlords to give tenants more notice of rent increases. 

Rent caps are illegal in Washington state, but some local jurisdictions are going about other ways to add tenant protections. 

Rent increases can be particularly hard on families trying to make ends meet. Kirkland resident Jennifer Fowler was recently notified her rent was increasing by $500 a month. 

"They gave me 10 days' notice to sign the new lease at the new amount," said Fowler. 

But $500 with little notice was too much for the single mom. 

"(I felt) terror, fear, the timing of it because I had just left my job was terrifying," she said. 

It turns out it was also illegal, according to a newly implemented Kirkland City Ordinance.

"If it's more than a 3% increase, they have to give an additional notice so it's a 120-day deadline instead of 60 days and if it's over 10%, you have to give a 180-day deadline," said Patricia Bowen with the Eastside Legal Assistance Program, a nonprofit that gives free legal help to people in King County.

Bowen said she gets calls daily from renters at a loss of what to do and has already represented clients like Fowler whose landlords aren't following the new ordinance.

"We sent the response letter and informed them there was an inconsistency in their statement and that it wasn't conforming with the law," said Bowen.

Fowler's rental agency responded and now she has six months before the hike hits. 

"I feel empowered because at least this gives me time to make a decision," said Fowler.

Rob Trickler, the president of the Washington Landlords Association said in a statement, in part: 

"It is these types of ordinances and the push for rent control that are driving housing providers to bring rents to market value even though many prefer to keep the rents below market value to keep tenants in place to prevent turnover. Rent control like this makes it impossible to respond effectively to increases in taxes, unexpected damage and inflation, leaving the housing providers vulnerable and their properties at risk pushing the need to bring rents to market value."

Now Fowler wants other renters to know their rights. 

"So no one feels that fear, feeling helpless," said Fowler.

Trickler said the likelihood of landlords making mistakes is increasing with the high number of cities adopting these ordinances and asks for cities to better educate landlords on the laws. 

Rental prices are increasing since there are no longer pandemic restrictions on raising rates.

During the COVID-19 pandemic, an eviction moratorium did not allow landlords in Washington state to raise rent prices, but this restriction was lifted in June 2021. Since then, rental prices have continued to rise across Washington state.

Knowing your rights as a tenant is extremely important to avoid costly situations or paying higher rent than you legally should. Cities in Washington may have varying laws than Washington state’s, so tenants can visit their city’s website for more information.

The Northwest Justice Project has created WashingtonLawHelp.org to help Washington citizens better understand laws, but also to help tenants and landlords alike know their legal rights and obligations of renting.

Washington tenant rights

▪ Your landlord is allowed to raise your rent, but only if they send you a notice at least 60 days before the increase. The notice must be written on paper and cannot be an email, text or call. If a rent increase warning comes less than 60 days before the increase, talk to a lawyer immediately.

▪ Your landlord cannot raise your rent during a rental contract. They can only raise the rent after the contract is up, but are still required to give a notice of rent increase 60 days before.

▪ There is no rent control in Washington state, so landlords can raise your rent at their discretion.

▪ If your landlord increased your rent but you cannot afford it, there are a few things you can do. You can ask your landlord to change the date your rent is due. If you believe your landlord is increasing your rent to force you to move out, you can talk to a lawyer.

▪ A landlord can change terms in the tenancy, but only after giving written notice of the change 30 days in advance.

▪ Your landlord is not allowed to enter your apartment without at least one day’s notice, lock you out of your apartment, or take your personal belongings.

▪ Your landlord can only shut off your utilities to make repairs.

▪ If your landlord is selling the property you are renting and needs you to move out, they must give you a 90-day written notice.

▪ Your landlord cannot retaliate against you in, such as increasing rent prices or reducing services. If you believe your landlord is retaliating against a complaint or stating your rights, talk to a lawyer.

▪ After you move out, your landlord must give your deposit back within 21 days, or a letter stating why they are keeping any of it.

▪ A landlord must have a “good” and “legal” reason to ask you to move out or end a rental agreement.

Alyse Messmer-Smith is a service journalism reporter at the Bellingham Herald. If you like stories like this, please consider supporting our work with a subscription to our newspaper.

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