Effective June 11th 2020, two bills changed the Washington Landlord Tenant Act.
~HB 1694 allows tenants to pay move in funds in installments:
~A landlord must first apply any payment made by a tenant toward rent, before applying any payment toward late fees, damages, legal costs, or other fees, including attorneys’ fees.
~If the tenant makes written request, the tenant may pay deposits, fees and last month’s rent in installments.
~Unless the tenant is on a month-to-month rental agreement, the tenant may pay these in three consecutive and equal payments, beginning at the conception of tenancy. If the tenant is on a month-to-month rental agreement, the tenant may pay in two installments. Payments are due with rent.
~The landlord and tenant must sign an installment schedule specifying the payment plan.
~A holding fee can be no more than 25% of one month’s rent.
~HB 2535 mandates a five-day grace period for rent payments. No late fees may be charged if rent is received within the first five days of the month.*
~If the rent is more than five days past due, the landlord may charge late fees commencing from the first day after the due date until paid.
~A 14-day notice to pay or vacate may be served at any time after the rent becomes due.
~The tenant may request in writing a different rent due date, up to five days after the usual due date, if the tenant can demonstrate that the tenant’s primary source of income is a “regular, monthly source of government assistance” that is received after the 1st.
*Until the governor’s ban on late fees is lifted, no late fees can be charged regardless of when rent is paid.
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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.