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July 10, 2009

Revisions to the Rental Agreement Victim Protection Statute – RCW 59.18.570
Filed under: Real Estate — Lee @ 10:14 am

On April 7, 2009 the Washington Legislature passed House Bill 1856, amending RCW 59.18.570. The new law is designed to provide greater protection to victims of domestic violence, sexual assault, unlawful harassment, or stalking. The statute provides a means for victims of these crimes to flee an abusive situation, and more important, break a residential lease after meeting certain qualifications.

In brief, if a tenant or household member is victim of one of these crimes, has a valid protective order, reports the act to a qualified third party and furnishes this information to the landlord, then the tenant or household member may terminate the rental agreement and quit the premises without further obligation. The request to terminate must be made within ninety days of the reported act. If the rental is terminated under this section, then the tenant is discharged from payment of rent for any period following the last day of the month of the quitting date. Further, the tenant or household member is entitled to return of its deposit, even if the agreement has a forfeiture clause.

If the harassment is from the landlord, then the tenant may terminate the rental agreement and quit the premises prior to making a copy of the protective order or written record of the report, provided that a copy of the order and record are furnished in seven days.

The revisions to RCW 59.18.570 also address adding or changing locks, engagement of law enforcement, and procedures for vacating the dwelling unit.

The forgoing is only a brief explanation of the new law. The full House Bill may be found at http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Passed%20Legislature/1856-S.PL.pdf. If you are a renter and victim of domestic violence, sexual assault, unlawful harassment, or stalking, then you may wish to consult with an attorney for detail on the law and breaking your lease.

The amendment to RCW 59.18.570 are sensible clarifications to existing law designed to protect a vulnerable class of Washington citizens. The effective date of the new law is July 26, 2009.

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