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A tenant may terminate a lease if the tenant or a member of the tenant's household is a victim of domestic violence,
sexual assault, or stalking and the tenant or household member has (1) obtained a protection order or (2) has reported the
matter. The tenant must present a copy of the protection order or written record of a report to the landlord and request
termination of the lease within ninety days of the event.
A landlord may neither terminate, refuse to enter, nor refuse to renew a tenancy based on the status of
the tenant or a member of the tenant's household as a victim of domestic violence, sexual assault, stalking.
Violation of this rule subjects the landlord to actual damages and attorney's fees.
IMPORTANT - The statute reproduced below was current at the
time it was posted on this website. For advice on current law and how it affects your
particular circumstances call us.
Nothing on this website is meant to be nor should be used as a substitute for legal advice.
RCW = Revised Code of Washington
RCW 59.18.570Victim protection--Definitions.
The definitions in this section apply throughout this section and RCW 59.18.575 through 59.18.585 unless the context clearly requires otherwise.
(1) "Domestic violence" has the same meaning
as set forth in RCW 26.50.010.
(2) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.
(3) "Stalking" has the same meaning as set forth in RCW 9A.46.110.
(4) "Qualified third party" means any of the following people acting in their official capacity:
(a) Law enforcement officers;
(b) Persons subject to the provisions of chapter 18.120 RCW;
(c) Employees of a court of the state;
(d) Licensed
mental health professionals or other licensed counselors;
(e) Employees of crime victim/witness
programs as defined in RCW 7.69.020 who are trained advocates for the program; and
(f) Members of the clergy as defined in RCW
26.44.020.
(5) "Household member" means a child or adult residing with the tenant other than the perpetrator
of domestic violence, stalking, or sexual assault.
(6) "Tenant screening service provider"
means any nongovernmental agency that provides, for a fee, background information on prospective tenants to landlords.
(7) "Credit reporting agency" has the same meaning as set forth in RCW 19.182.010(5).
[2004 c 17 § 2.]
NOTES:
Findings -- Intent--2004 c 17: "The legislature finds and declares that:
(1) Domestic violence, sexual assault, and stalking are widespread societal problems that have devastating effects for individual
victims, their children, and their communities. Victims of violence may be forced to remain in unsafe situations because they
are bound by residential lease agreements. The legislature finds that the inability of victims to terminate their rental agreements
hinders or prevents victims from being able to safely flee domestic violence, sexual assault, or stalking. The legislature
further finds that victims of these crimes who do not have access to safe housing are more likely to remain in or return to
abusive or dangerous situations. Also, the legislature finds that victims of these crimes are further victimized when they
are unable to obtain or retain rental housing due to their history as a victim of these crimes. The legislature further finds
that evidence that a prospective tenant has been a victim of domestic violence, sexual assault, or stalking is not relevant
to the decision whether to rent to that prospective tenant.
(2) By this act, the legislature
intends to increase safety for victims of domestic violence, sexual assault, and stalking by removing barriers to safety and
offering protection against discrimination." [2004 c 17 § 1.]
Effective date -- 2004 c 17: "This act is necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect
immediately [March 15, 2004]." [2004 c 17 § 7.]
RCW 59.18.575Victim protection--Notice to landlord--Termination of rental agreement--Procedures.
(1)(a) If a tenant notifies the landlord in writing that he or she or a household member
was a victim of an act that constitutes a crime of domestic violence, sexual assault, or stalking, and either (a)(i) or (ii)
of this subsection applies, then subsection (2) of this section applies:
(i) The tenant or
the household member has a valid order for protection under one or more of the following: Chapter 26.50 or 26.26 RCW or RCW 9A.46.040, 9A.46.050, 10.14.080, 10.99.040 (2) or (3), or 26.09.050; or
(ii) The tenant or the household member has reported the domestic violence, sexual assault,
or stalking to a qualified third party acting in his or her official capacity and the qualified third party has provided the
tenant or the household member a written record of the report signed by the qualified third party.
(b) When a copy of a valid order for protection or a written record of a report signed by a qualified third party, as required
under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the
premises without further obligation under the rental agreement or under chapter 59.12 RCW. However, the request to terminate the rental agreement must occur within ninety days of the reported act, event, or
circumstance that gave rise to the protective order or report to a qualified third party. A record of the report to a qualified
third party that is provided to the tenant or household member shall consist of a document signed and dated by the qualified
third party stating: (i) That the tenant or the household member notified him or her that he or she was a victim of an act
or acts that constitute a crime of domestic violence, sexual assault, or stalking; (ii) the time and date the act or acts
occurred; (iii) the location where the act or acts occurred; (iv) a brief description of the act or acts of domestic violence,
sexual assault, or stalking; and (v) that the tenant or household member informed him or her of the name of the alleged perpetrator
of the act or acts. The record of the report provided to the tenant or household member shall not include the name of the
alleged perpetrator of the act or acts of domestic violence, sexual assault, or stalking. The qualified third party shall
keep a copy of the record of the report and shall note on the retained copy the name of the alleged perpetrator of the act
or acts of domestic violence, sexual assault, or stalking. The record of the report to a qualified third party may be accomplished
by completion of a form provided by the qualified third party, in substantially the following form:
(2) A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following
the last day of the month of the quitting date. The tenant shall remain liable for the rent for the month in which he or she
terminated the rental agreement unless the termination is in accordance with RCW 59.18.200(1). Notwithstanding lease provisions that allow for forfeiture of a deposit for early termination, a tenant who terminates
under this section is entitled to the return of the full deposit, subject to RCW 59.18.020 and 59.18.280. Other tenants who are parties to the rental agreement, except household members who are the victims of sexual assault, stalking,
or domestic violence, are not released from their obligations under the rental agreement or other obligations under this chapter.
(3) The provision of verification of a report under subsection (1)(b) of this section does not waive the confidential or privileged
nature of the communication between a victim of domestic violence, sexual assault, or stalking with a qualified third party
pursuant to RCW 5.60.060, 70.123.075, or 70.125.065. No record or evidence obtained from such disclosure may be used in any civil, administrative, or criminal proceeding against
the victim unless a written waiver of applicable evidentiary privilege is obtained, except that the verification itself, and
no other privileged information, under subsection (1)(b) of this section may be used in civil proceedings brought under this
section.
[2004 c 17 § 3.]
NOTES:
Findings -- Intent--Effective date--2004 c 17: See notes following RCW 59.18.570.
RCW 59.18.580Victim protection--Limitation on landlord's rental decisions.
(1) A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter
into a rental agreement based on the tenant's or applicant's or a household member's status as a victim of domestic violence,
sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under RCW 59.18.575.
(2) A landlord who refuses to enter into a rental agreement in violation of this section
may be liable to the tenant or applicant in a civil action for damages sustained by the tenant or applicant. The prevailing
party may also recover court costs and reasonable attorneys' fees.
(3) It is a defense to
an unlawful detainer action under chapter 59.12 RCW that the action to remove the tenant and recover possession of the premises is in violation of subsection (1) of this
section.
(4) This section does not prohibit adverse housing decisions based upon other lawful
factors within the landlord's knowledge.
[2004 c 17 § 4.]
NOTES:
Findings -- Intent--Effective date--2004 c 17: See notes following RCW 59.18.570.
RCW 59.18.585
Victim protection--Possession of dwelling unit--Exclusion of others--New lock or key.
(1) A tenant who has obtained a court order from a court of competent jurisdiction
granting him or her possession of a dwelling unit to the exclusion of one or more cotenants may request that a lock be replaced
or configured for a new key at the tenant's expense. The landlord shall, if provided a copy of the order, comply with the
request and shall not provide copies of the new keys to the tenant restrained or excluded by the court's order. This section
does not release a cotenant, other than a household member who is the victim of domestic violence, sexual assault, or stalking,
from liability or obligations under the rental agreement.
(2) A landlord who replaces a lock
or configures for a new key of a residential housing unit in accordance with subsection (1) of this section shall be held
harmless from liability for any damages that result directly from the lock change.
[2004 c 17 § 5.]
NOTES:
Findings -- Intent--Effective date--2004 c 17: See notes following RCW 59.18.570.
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