Chapter 8.16
TENANT PROTECTIONS*
Sections:
8.16.030 Notice of rent increase.
8.16.040 Move in fees and security deposits – Limits – Exceptions – Payments by tenants.
8.16.050 Notice of intent not to renew fixed term rental agreement.
8.16.060 Landlord may not require tenant social security number.
8.16.070 Landlord to provide tenant notice of rights.
8.16.080 Provisions in violation of restrictions null and void – Exemption.
8.16.090 Rental agreement that waives tenant’s remedies prohibited – Exception.
8.16.100 Violation of chapter by landlord – Liability.
*Code reviser’s note: Chapter 8.16 becomes effective April 12, 2025.
8.16.010 Definitions.
The definitions of this section apply throughout this chapter unless the context clearly requires otherwise. The definitions of RCW 59.18.030 under the Residential Landlord-Tenant Act (RLTA) also apply to this chapter unless otherwise defined in this section.
(1) “Dwelling” or “dwelling unit” has the same meaning as set forth in RCW 59.18.030.
(2) “Landlord” has the same meaning as set forth in RCW 59.18.030, excluding the living arrangements identified in RCW 59.18.040.
(3) “Rental agreement” or “lease” has the same meaning as set forth in RCW 59.18.030.
(4) “Subsidized housing” has the same meaning as set forth in RCW 59.18.030.
(5) “Tenant” has the same meaning as set forth in RCW 59.18.030, excluding the living arrangements identified in RCW 59.18.040, and includes a tenant as defined in RCW 59.20.030. (Ord. 755 § 1 (Att. A), 2024)
8.16.020 Applicability.
This chapter applies to tenancies governed by Chapter 59.18 RCW (RLTA) and Chapter 59.20 RCW (Manufactured/Mobile Home Landlord-Tenant Act) and are in addition to the provisions provided in said chapters. (Ord. 755 § 1 (Att. A), 2024)
8.16.030 Notice of rent increase.
(1) Any rental agreement or renewal of a rental agreement entered into following April 12, 2025, shall include, or shall be deemed to include, a provision requiring not less than:
(a) One hundred twenty days’ written notice for combined rent and/or increases greater than three percent above the previous combined rent and fees; or
(b) One hundred eighty days’ written notice for combined rent and/or fee increases greater than 10 percent above the previous combined rent and fees.
(2) For purposes of subsection (1) of this section, any increase in fees charged to a tenant shall be deemed to be a rent increase, along with any increase in base rent.
(3) If the rental agreement governs subsidized housing where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, the landlord shall provide a minimum of 30 days’ prior written notice of an increase in the amount of rent to each affected tenant. (Ord. 755 § 1 (Att. A), 2024)
8.16.040 Move in fees and security deposits – Limits – Exceptions – Payments by tenants.
(1) All move in fees and security deposits charged by a landlord before a tenant takes possession of a dwelling unit shall not exceed one month’s rent, except in subsidized housing where the amount of rent is set based on the income of the tenant. The exception for subsidized housing shall not include tenancies regulated under Section 8 of the Housing Act of 1937, 42 U.S.C. Section 1437f, commonly known as the housing choice voucher program.
(2) Tenants entering rental agreements with terms lasting six or more months may choose to pay their move in fees and security deposits in six equal monthly installments over the first six months occupying the dwelling unit.
(3) Tenants entering rental agreements with terms lasting fewer than six months or month-to-month rental agreements may choose to pay move in fees and security deposits in two equal monthly installments over the first two months occupying the dwelling unit. (Ord. 755 § 1 (Att. A), 2024)
8.16.050 Notice of intent not to renew fixed term rental agreement.
A landlord shall provide a tenant with no less than 120 days’ notice of intent not to renew any rental agreement with a fixed term of six months or longer. (Ord. 755 § 1 (Att. A), 2024)
8.16.060 Landlord may not require tenant social security number.
A landlord shall not require a social security number for the purposes of screening a prospective tenant as allowed under RCW 59.18.257. A landlord may request a social security number of a prospective tenant but shall not refuse to enter into a rental agreement with a prospective tenant because the prospective tenant does not agree to provide a social security number. A landlord may utilize information including, but not limited to, previous names, addresses, personal references and work history to screen prospective tenants. A landlord shall maintain the right to take adverse action because of inaccurate, unfavorable or unavailable screening results. (Ord. 755 § 1 (Att. A), 2024)
8.16.070 Landlord to provide tenant notice of rights.
Upon commencement or renewal of a rental agreement, a landlord shall provide the tenant with a concise and accurate summary of the tenant’s rights under this chapter. A model notice compliant with this section shall be available for download from the City’s website. (Ord. 755 § 1 (Att. A), 2024)
8.16.080 Provisions in violation of restrictions null and void – Exemption.
(1) Any provision of a rental agreement or renewal entered into following April 12, 2025, and in violation hereof is null and void and of no lawful force or effect.
(2) Nothing in this chapter shall be interpreted or applied so as to create any conflict with Federal law. In the event of any conflict, Federal law shall supersede any conflicting provision of this chapter. (Ord. 755 § 1 (Att. A), 2024)
8.16.090 Rental agreement that waives tenant’s remedies prohibited – Exception.
(1) No rental agreement, whether oral or written, may provide that the tenant waives or forgoes rights or remedies under this chapter, except as provided by subsection (2) of this section.
(2) A landlord and tenant may agree, in writing, to waive specific requirements of this chapter if all of the following conditions have been met:
(a) The agreement to waive specific provisions is in writing and identifies the specific provisions to be waived;
(b) The agreement may not appear in a standard form written lease or rental agreement;
(c) There is no substantial inequality in the bargaining position of the two parties; and
(d) An attorney representing and advising the tenant has approved in writing the agreement as complying with subsections (2)(a), (2)(b) and (2)(c) of this section. (Ord. 755 § 1 (Att. A), 2024)
8.16.100 Violation of chapter by landlord – Liability.
A landlord found in violation of any of the provisions in this chapter shall be liable to such a tenant in a private right of action for the greater of double the tenant’s economic and noneconomic damages or three times the monthly rent of the dwelling unit at issue, and reasonable litigation costs and attorneys’ fees. (Ord. 755 § 1 (Att. A), 2024)