Rent Increases Across Washington

Because actual limits on rent increases are unconstitutional in Washington State, local governments have been passing ordinances that create excessive administrative burden and other deterrents making it more difficult for housing providers to legally increase rent and other monthly housing costs. Following are the pseudo rent control tactics cities have enacted so far:

• Lengthen the notice period, sometimes in tiered increments depending on the percentage of the rent increase.

• Require specific language on the notice, sometimes dictating the size and style of the font.

• Special service requirements following the process for serving eviction notices, sometimes with additional red tape like special tracked or certified mailing requirements.

• Imposing on housing provider to pay relocation costs to the tenant if they move out due to rent increases that exceed a certain percent.

Once again, the resulting web of complexity is overwhelming, causing many small owners to spend a significant monthly fee for property management, or simply drop out. As always, we are trying to help members keep up by providing forms, classes and articles that you can reference. Start with our Rent Increase Notice form that includes detailed instructions for compliance with local laws. The following details were excerpted from our class, "Rent Increases Across Washington" to be presented online at the end of this month. Register at rhawa.org/events.”

Rent Increase Notice Periods

In all jurisdictions in Washington, the minimum notice period for rent increase is at LEAST 60 days. This applies to both month-to-month tenancies and term leases. In the case of a lease, a written notice must be given at least 60 days (or based on location up to 180 days) prior to the end of the lease term. In a month-to-month tenancy, the effective date for the increase must align with the beginning of any monthly rental period, usually the first day of the month. Following are the different notice periods currently required across the state:

• 60 days for any amount: Washington State.

• 120 days for > 5%: Auburn.

• 120 days for > 5% or 180 days for ≥ 10%: Olympia (7% triggers EDRA), Tumwater. Olympia and Tumwater. (7% triggers EDRA in Olympia.

• 120 days for > 3%, King County (unincorporated), Issaquah.

• 120 days for > 3% or 180 days for ≥ 10%: Burien, Kenmore, Kirkland, Port Townsend, Redmond, SeaTac, and Shoreline. (Currently, the most common formula adopted by cities.) • 120 days for any amount: Bellingham (≥8% triggers EDRA).

• 210-180 days AND 120-90 days for any amount: Tacoma (≥5% triggers EDRA).

• 180 days for any amount: Seattle (≥10% triggers EDRA).

Disclosures Required on Rent Increase Notices

All of these disclosures are included on the RHAWA Rent Increase Notice form. Make sure to check the box if one of these applies.

Bellingham

For rent increases 8% or more than 12 months prior, the tenant has the following rights: (a) to request economic displacement relocation assistance within 45 days of receipt of the increase notice; (b) if the tenant receives relocation assistance as provided under the Bellingham Municipal Code, the tenant shall have a relocation period of 5 months from the date of receipt of the assistance; and (c) at the conclusion of the relocation period, if the tenant remains in the dwelling unit, the tenant shall be obligated to pay the increased rent in accordance with the increase notice for the duration of the tenant’s occupancy and to repay the relocation assistance.

Burien

A tenant that receives a rent increase notice may terminate the lease at any time and owe only pro rata rent through the last date they occupy the rental unit.

Federal Way

If you are a Veteran of the U.S. Military, you may be able to access housing resources by calling 2-1-1 or contacting the King County Veterans Program for assistance with rent, relocation, or other support services. (Must be in 16-point bold font.)

Olympia (with rent increase greater than 5%)

Under local Olympia law, because the landlord seeks to increase the rent paid by the tenant by more than five percent, the tenant may terminate the tenancy at any point prior to the effective date of the increase by providing at least 30 days’ written notice and, should the tenant so terminate the tenancy, the tenant only owes prorated rent through the date when the tenant vacates the rental unit. The tenant has the right to request economic displacement relocation assistance in writing within 45 days of receipt of an increase notice. If the rent increase, together with any other rent increase in the preceding 12 months, totals seven percent or more, and that should a tenant so request, the landlord must, within 31 calendar days of receiving a request from the tenant, pay the tenant relocation assistance equivalent to two and half times the tenant’s monthly rent (i.e. two and half months’ rent). If the tenant receives timely relocation assistance as provided for under OMC 5.82.040, the tenant may relocate at any time during the remainder of the tenancy prior to the effective date of the rent increase, if the tenant provides at least 30 days’ written notice and pay prorated rent until they vacate the unit. If the tenant remains in the rental unit until the effective date of the rent increase, the tenant is obligated to pay the increased rent in accordance with the increase notice for the duration of the tenant’s occupancy of the rental unit and to repay any relocation assistance provided to the tenant. The relocation assistance described in this paragraph is not applicable to all tenancies. See Olympia Municipal Code 5.82.040(E).

Seattle

If you need help understanding this notice or information about your renter rights, call the Renting in Seattle Helpline at (206) 684- 5700 or visit the web site at www.seattle.gov/rentinginseattle

Tacoma 

Must use city provided notice forms found on bottom of webpage at: Landlord Resources - City of Tacoma 

Service Procedure for Rent Increase Notices

Washington state law does not require service of a rent increase notice; however, it does require service of an End of Term Notice and offer of lease renewal – both require 60-day notice. In the following cities, service is required with every rent increase notice, even in month-to-month tenancies. Use the provided generic form Notice Service Instructions + Declaration of Service. It explains how to serve notices in compliance with RCW 59.12.040, and includes a Declaration of Service form that is used as evidence of when and how the notice was served.

Auburn: 5.23.040.1.b., 

Burien: 5.63.100.1.b., and

Tumwater: 5.75.070.A.4.

• Serve any increase in accordance with RCW 59.12.040.

Olympia: 5.82.040(D) 

• Any notice of a rent increase required by this section must be served in accordance with RCW 59.12.040.

• Notice of any rental increase of five percent or less may be served in accordance with RCW 59.12.040.

Seattle: SDCI Seattle Department of Construction and Inspections Guidelines

• In all cases, Seattle would prefer RCW 59.12.040 delivery. At minimum, they require documentation of the delivery date, such as a timestamped photo of posted notice or confirmation of delivery from postal service, such as USPS Tracking. If postal service requires signature, notice must also be sent by regular first-class mail. Electronic delivery only, such as emails or portals, or only untracked mail is insufficient.

• If the increase is for 10% or more over the lowest rate in the past 12 months, the notice of increase must be delivered to each adult at the unit by either hand-delivery or mailing both by certified mail with return receipt requested and by regular US mail.

• If the increase is for 10% or more, the notice must also include the Economic Displacement Relocation Assistance Notice.

Tacoma: TMC 1.95 and 1.100

• Serve three notices: 1. 210-180 days; 2. 120 days; 3. 120-90 days.

• Must use notice forms provided by city. 

• Serve any increase in accordance with RCW 59.12.040.

Tenant Right to Relocation Bellingham

If the total rent increase is 8% or more over a 12-month rolling period, the tenant may provide a request for relocation assistance to the landlord within 45 days of receiving the notice of rent increase. Within 31 calendar days of receiving the tenant’s notice, the landlord shall pay: Either a sum equaling three times the current fair market rent for Bellingham, WA as defined by HUD Office of Policy Development and Research for an apartment of the same size; or three times the tenant’s existing monthly rent, whichever is larger.

The landlord shall notify the city of all requests for relocation assistance within 30 days of each request and of all payments of relocation assistance within 30 days of each payment. The economic displacement relocation payment requirement does not apply to: (a) A landlord and tenant living on the same site if the site has four or fewer dwelling units; (b) Tenants who have lived in the dwelling unit for less than six months; or (c) Transitional housing. 

Burien: BMC 5.63.100.1.b.

In the event [of a rent increase], the tenant may terminate the tenancy immediately upon surrendering the dwelling unit prior to the increase taking effect. The tenant shall only owe pro rata rent through the date upon which the premises are surrendered.

Olympia

Tenant is eligible for Economic Displacement Relocation Assistance with rent increases of 7% or more. See details above under Disclosures Required on Rent Increase Notices.

Seattle: SMC 22.212

If a rent increase is for 10% or more over the lowest rate in the past 12 months: 

• The notice of increase must either be hand-delivered to every adult occupant or both mailed first class mail and certified mail with return receipt to every adult occupant. 

• The notice must also include a copy of the EDRA Notice (Economic Displacement Relocation Assistance.

If the tenant is at or below 80% Average Median Income (AMI) and chooses to vacate within eight months of receiving the 10% or greater increase, they may apply and be granted relocation assistance. In this case, the owner will be required to pay up to three months rent toward relocation costs.

Tacoma

If the tenant’s rent is raised 5% or more and the tenant can no longer afford to occupy the unit, the landlord is required to pay relocation assistance in the following amounts:

• If rent increases 5% to 7.5% — 2 times the monthly rent • If rent increases 7.5% to 10% — 2.5 times the monthly rent

• If rent increases more than 10% — 3 times the monthly rent

At any time after receiving the 180-day notice of a rent increase of 5% or more, a tenant deciding to relocate rather than paying the rent increase may send the landlord a request for relocation assistance. Within 30 days of receiving such request, landlords must pay the relocation assistance to tenant. Payment of relocation assistance shall be per dwelling unit, not per person, and shall be split evenly among all the tenants In the event that the tenant is unable to relocate and remains in the dwelling unit at the increased rent, the tenant must repay the relocation assistance.

This is a lot of information, but if you simply use the RHAWA Rent Increase Notice form along with the Notice Service Instructions + Declaration of Service form, you can stay in compliance with the law. Make sure to download a fresh copy of the forms every time you use them. We update them very frequently as local laws change often and with little notice.

Formal legal advice and review is recommended prior to selection and use of this information. RHAWA does not represent your selection or execution of this information as appropriate for your specific circumstance. The material contained and represented herein, although obtained from reliable sources, is not considered legal advice or to be used as a substitution for legal counsel.