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 of passage of the ordinance codified in this chapter, 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 1 person or by 2 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 of passage of the ordinance codified in this chapter, 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 of the passage of the ordinance codified in this chapter, 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 of the passage of the ordinance codified in this chapter, 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 1 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 of passage of the ordinance codified in this chapter, 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, who rents a mobile home lot. levelnodes#openHistory" style="box-sizing: border-box; transition-duration: 0.2s; transition-property: none; transition-timing-function: cubic-bezier(0.25, 0.75, 0.25, 1); font-size: 0.9rem; margin: 1rem 0px; padding: 0px; background-color: transparent; border-style: none; cursor: pointer;"(Ord. 2986 § 2, 2022).
IMC 5.52.030 through 5.52.050 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. levelnodes#openHistory" style="box-sizing: border-box; transition-duration: 0.2s; transition-property: none; transition-timing-function: cubic-bezier(0.25, 0.75, 0.25, 1); font-size: 0.9rem; margin: 1rem 0px; padding: 0px; background-color: transparent; border-style: none; cursor: pointer;"(Ord. 2986 § 2, 2022).
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 120 days’ written notice for rent increases greater than 3 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 30 days’ prior written notice of an increase in the amount of rent to each affected tenant. levelnodes#openHistory" style="box-sizing: border-box; transition-duration: 0.2s; transition-property: none; transition-timing-function: cubic-bezier(0.25, 0.75, 0.25, 1); font-size: 0.9rem; margin: 1rem 0px; padding: 0px; background-color: transparent; border-style: none; cursor: pointer;"(Ord. 2986 § 2, 2022).
A. Any provisions in violation of IMC 5.52.030 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. levelnodes#openHistory" style="box-sizing: border-box; transition-duration: 0.2s; transition-property: none; transition-timing-function: cubic-bezier(0.25, 0.75, 0.25, 1); font-size: 0.9rem; margin: 1rem 0px; padding: 0px; background-color: transparent; border-style: none; cursor: pointer;"(Ord. 2986 § 2, 2022).
A. No rental agreement, whether oral or written, may provide that the tenant waives or foregoes 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 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. The attorney for the tenant has approved in writing the agreement as complying with subsections (B)(1) and (B)(2) of this section. levelnodes#openHistory" style="box-sizing: border-box; transition-duration: 0.2s; transition-property: none; transition-timing-function: cubic-bezier(0.25, 0.75, 0.25, 1); font-size: 0.9rem; margin: 1rem 0px; padding: 0px; background-color: transparent; border-style: none; cursor: pointer;"(Ord. 2986 § 2, 2022).
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 IMC 5.52.030 apply to all rental agreements as of the effective date of the ordinance enacting these code provisions. (Ord. 2986 § 2, 2022).
