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Kirkland Municipal Code 7.75 — Tenant Protections

 

 
 

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Chapter 7.75 — TENANT PROTECTIONS

Sections:

7.75.010    Definitions.

7.75.020    Applicability.

7.75.030    Notice of rent increase.

7.75.040    Move-in fees and security deposits—Limits—Exceptions—Payments by tenants.

7.75.055    Exception to move-in fees and security deposits.

7.75.060    Provisions in violation of restrictions null and void—Exemption.

7.75.070    Effect on existing lease provisions.

 

7.75.010 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.

(a)    “Dwelling” or “dwelling unit” has the same meaning as RCW 59.18.030(10), as may be amended. At the time the ordinance codified in this chapter was passed, the RLTA defined “dwelling unit” to mean a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes.

(b)    “Landlord” has the same meaning as RCW 59.18.030(16), as may be amended, and excluding the living arrangements identified in RCW 59.18.040. At the time the ordinance codified in this chapter was passed, the RLTA defined “landlord” as the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and included any person designated as representative of the landlord, including, but not limited to, an agent, a resident manager, or a designated property manager.

(c)    “Rental agreement” or “lease” has the same meaning as RCW 59.18.030(30), as may be amended. At the time the ordinance codified in this chapter was passed, the RLTA defined “rental agreement” as all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.

(d)    “Subsidized housing” has the same meaning as RCW 59.18.030(33), as may be amended. At the time the ordinance codified in this chapter was passed, the RLTA defined “subsidized housing” as rental housing for very low-income or low-income households that is a dwelling unit operated directly by a public housing authority or its affiliate, or that is insured, financed, or assisted in whole or in part through one of the following sources:

(1)    A federal program or state housing program administered by the Department of Commerce or the Washington State Housing Finance Commission;

(2)    A federal housing program administered by a city or county government;

(3)    An affordable housing levy authorized under RCW 84.52.105; or

(4)    The surcharges authorized in RCW 36.22.178 and 36.22.179 and any of the surcharges authorized in Chapter 43.185C RCW.

(e)    “Tenant” has the same meaning as RCW 59.18.030(34), as may be amended, and excluding the living arrangements identified in RCW 59.18.040 and 59.20.030(24), as may be amended. At the time the ordinance codified in this chapter was passed, the RLTA defined “tenant” as any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement, and RCW 59.20.030 defined “tenant” as any person, except a transient as defined in Chapter 59.20 RCW, who rents a mobile home lot. (Ord. 4810 § 2, 2022)

 

7.75.020 Applicability.

The provisions of this chapter apply 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 of the RCW. (Ord. 4810 § 2, 2022)

 

7.75.030 Notice of rent increase.

(a)    Any rental agreement or renewal of a rental agreement shall state the dollar amount of the rent or rent increase and include, or shall be deemed to include, a provision requiring not less than:

(1)    One hundred twenty days’ written notice for rent increases greater than three percent; or

(2)    One hundred eighty days’ written notice for rent increases greater than ten percent.

(b)    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 thirty days’ prior written notice of an increase in the amount of rent to each affected tenant.

(c)    The notice of rent increases in subsections (a) and (b) of this section shall include the actual dollar amount of the new rent or rent increase. (Ord. 4810 § 2, 2022)

 

7.75.040 Move-in fees and security deposits—Limits—Exceptions—Payments by tenants.

(a)    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. 1437f, commonly known as the housing choice voucher program.

(b)    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.

(c)    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. 4810 § 2, 2022)

 

7.75.055 Exception to move-in fees and security deposits.

(a)    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 (b) of this section.

(b)    A landlord and tenant may agree, in writing, to waive specific requirements of this chapter regarding the limitations a landlord can require relating to move-in fees and security deposits if all of the following conditions have been met:

(1)    The agreement to waive specific provisions is in writing and identifies the specific provisions to be waived; and

(2)    The agreement may not appear in a standard form written lease or rental agreement; and

(3)    An attorney for the tenant has approved in writing the agreement as complying with subsections (b)(1) and (b)(2) of this section. (Ord. 4810 § 2, 2022)

 

7.75.060 Provisions in violation of restrictions null and void—Exemption.

(a)    Any provisions in violation of Sections 7.75.030 through 7.75.040 in a rental agreement are null and void and of no lawful force and effect.

(b)    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 requirements shall supersede the requirements of this chapter. (Ord. 4810 § 2, 2022)

 

7.75.070 Effect on existing lease provisions.

(a)    Any notice of rent increases lawfully given to an existing tenant prior to the effective date of the ordinance codified in this chapter shall be deemed valid. Otherwise, the notice provisions of Section 7.75.030 apply to all rental agreements as of the effective date of the ordinance codified in this chapter.

(b)    Provisions regarding the amount of move-in fees and security deposit due under Section 7.75.040(a) in a rental agreement that has been entered into prior to the effective date of the ordinance codified in this chapter shall remain in effect until the original expiration date of such rental agreement. (Ord. 4810 § 2, 2022)