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Tenant protections for unincorporated King County
Learn more about tenant protections available for residents of unincorporated King County, as covered in the King County Code.
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This information only applies to residents of unincorporated King County.
If you do not live in unincorporated King County, you can view other resources from the Washington Attorney General’s office.
Not sure if you are in unincorporated King County? Check this map, which shows unincorporated King County areas in green.
As a tenant, take steps to know your rights to ensure that you are being respected by your landlord. First and foremost, if you are under threat of eviction, it is illegal for your landlord to lock you out of your unit, remove your belongings, or shut off your utilities – even if you are behind in rent. Other rights related to screening, move-in costs and deposits, discrimination, living in a rental, and moving out are covered below.
Tenant screening
Every landlord has their own set of requirements for the tenants who live in their units and go about collecting that information in a variety of ways. Here are some things to keep in mind.
- Landlords can use whatever screening criteria they choose, as long as they are applying these criteria in a non-discriminatory way.
- For example, landlords can request but not require a rental applicant to provide a Social Security Number. If a rental applicant does not provide the landlord with a Social Security Number, the landlord can screen rental applicants using information such as, but not limited to, previous names, addresses, personal references, and work history. King County Code 12.25.140
Landlords can refuse to rent to a rental applicant because of inaccurate, unfavorable, and unavailable screening results. Landlords can charge a rental applicant the cost of obtaining a tenant screening report if they provide the rental applicant with the below information, which state law requires landlords to share with rental applicants: RCW 59.18.257
- What type of information will be used to screen a tenant
- What information may result in a denial
- If the landlord will accept a comprehensive reusable tenant screening report
- If a consumer report is used, the name and address of the consumer reporting agency. Tenants can obtain a free copy of the report in the event of a denial or other negative action.
Move-in costs and security deposits
Landlords can charge prospective tenants move-in fees and security deposits. If you have questions regarding move-in costs and security deposits, call 2-1-1 to be connected to free legal aid organizations or go to Washington Law Help for more information about your rights.
All move-in fees and security deposits cannot be more than one month’s rent, except when a tenant’s rent is based on the tenant’s income. This exception does not apply to tenants who pay their rent using a Housing Choice Voucher. King County Code 12.25.050
Landlords must allow tenants to pay move-in fees and security deposits in a payment plan. The number of installments depend on the length of the rental agreement, as listed below. King County Code 12.25.050
For rental agreements of 6 months or more, tenants can pay move-in fees and security deposits in 6 equal monthly installments.
For rental agreements less than 6 months or month-to-month agreements, tenants can pay move-in fees and security deposits in 2 equal monthly installments over the first 2 months of the tenancy.
State law requires rental agreements to be in writing If a landlord charges a tenant a deposit. Landlords must provide a written checklist describing the condition of existing damages to the unit if the landlord charges a tenant a deposit. RCW 59.18.260
Should you have further questions, go to Washington Law Help for more information. Tenants can also call 2-1-1 to be connected to free legal aid and rental assistance organizations for additional help.
Tenant protections against discrimination
Tenants in unincorporated King County are protected from discrimination based on the following protected classes:
- Age
- Alternative source of income
- Ancestry
- Citizenship or immigration status
- Color
- Creed
- Disability
- Familial status
- Gender identity
- Honorably discharged veteran or military status
- Marital status
- National origin
- Parental status
- Race
- Religion
- Housing subsidy such as a Housing Choice Voucher
- Sex
- Sexual orientation
- Use of a service animal by a person with a disability
These protections exist in federal, state, or local law where applicable. Fair Housing Act / RCW 49.60.222 / RCW 59.18.255 / King County Code 12.20
Alternative source of income
Alternative source of income means lawful, verifiable income from sources other than wages, salaries, or other compensation for employment. It includes, but is not limited to, income from Social Security benefits, other retirement programs, supplemental security income, unemployment benefits, child support, the state Aged, Blind or Disabled Cash Assistance Program, state Refugee Cash Assistance and any other federal, state, local government, private or nonprofit-administered cash benefit program.
Landlords can use credit history to screen tenants. Landlords may also set a credit score threshold and refuse to rent to a rental applicant with a credit score below the threshold. King County Code 12.20
Social security numbers
Landlords can request a Social Security Number (SSN) to screen a rental applicant, but they do not have to provide an SSN. Landlords cannot refuse to rent to a tenant who does not provide an SSN. Landlords can screen tenants using information such as, but not limited to, previous names, addresses, personal references and work history. Landlords can refuse to rent to a tenant because of inaccurate, unfavorable, and unavailable screening results. King County Code 12.25.140
Living in a rental
Landlords cannot require a tenant to waive their rights. Any rental agreement that waives a tenant’s rights will be void. If a landlord knowingly creates a rental agreement that waives a tenant’s rights, the tenant may recover damages, litigation costs, and attorney’s fees. King County Code 12.25.030.B
Repairs
Tenants should refer to Washington Law Help for questions about state law requirements regarding requesting repairs.
King County Code Enforcement can investigate certain unincorporated King County building issues, such as structural problems, broken sprinkler systems, barriers to emergency exits and similar problems. King County Code Enforcement does not investigate landlord-tenant issues such as security deposit returns, rent increases, or similar problems. If you have a building complaint, you can refer to King County Code Enforcement to report a violation.
If a landlord receives an order from King County condemning the rental unit, the tenant may have to move from the property if the landlord proves that they could not repair the unit due to medical or financial hardship. The tenant may make the required repairs and stay in the unit according to state law. RCW 59.18.100 / King County Code 12.25.030(9)
Paying rent
Tenants should refer to Washington Law Help for questions about state law requirements regarding paying rent.
Tenants can pay rent at any point from rent being due until 5 days after a court judgment to stay in the unit, but the amount owed changes at different points in the process. Landlords must accept rental assistance that covers the full balance of rent owed and does not have any conditions on the funds. RCW 59.18.410(2)
| Point in time | Amount owed | Example |
|---|---|---|
| Rent due date | Rent | $1,000 rent is due on the 1st. Lease requires tenant to pay a $150 late fee if rent is paid late. |
| During 30-day notice period | Rent (landlords can charge a late fee, but this is not a requirement for keeping your housing) | Tenant does not pay rent on the 1st. Landlord gives 30 day nonpayment notice. Tenant only needs to pay $1,000 rent within 30 days to keep housing and stop eviction process. While landlord can charge the $150 late fee, the landlord can’t evict the tenant for the late fee. The landlord can send the tenant to collections to get the late fee. |
| After 30-day notice period, before eviction case is filed in court | Rent + late fee up to $75 (Landlords may charge a higher late fee, but a tenant only needs to pay $75 to stay in the unit. The landlord would have to use alternative methods to eviction to get the remaining fee) | Tenant does not pay rent and $75 late fee within 30 day notice period. Tenant needs to pay $1,000 and $75 late fee to keep housing and stop an eviction. While the landlord charges a $150 late fee, the tenant must only pay $75 to keep housing. Tenant still owes the rest of the late fee but landlord can’t evict tenant for the rest of that late fee. Landlord could send tenant to collections for the rest of the late fee. |
| Eviction case is filed in court | Rent + late fee up to $75 + court costs | Tenant does not pay rent within or after the 30-day notice period. Landlord files eviction case in court. Tenant can stop eviction case and keep housing by paying $1,000 rent, $75 late fee, and court costs (usually $300-$400). Tenant still owes the rest of the late fee but landlord can’t evict tenant for the rest of that late fee. Landlord could send tenant to collections for the rest of the late fee. |
| Court enters a judgement against tenant (and up to 5 days after judgement) | Rent + late fee up to $75 + court costs + attorney fees (if judgment orders tenant to pay the landlord’s attorney fees) | The tenant does not pay rent after the case is filed with court. The court holds a hearing on the eviction case. The court orders the tenant’s eviction and orders a judgment against the tenant. The tenant can stop the eviction and keep the housing by paying, within 5 days after the judgment date, $1,000 rent, $75 late fee, court costs (usually $300-$400), and if the court orders, the landlord’s attorney’s fees. Tenant still owes the rest of the late fee but landlord can’t evict tenant for the rest of that late fee. Landlord could send tenant to collections for the rest of the late fee. |
Rent increases
Landlords are required to provide 120 days' notice for rent increases greater than three percent. If the rent is based on a tenant’s income, such as subsidized housing that bases rent on 30 percent of a tenant’s income, then the landlord needs to provide a minimum of 30 days’ notice. King County Code 12.25.070
Example: a tenant pays $1,500 monthly. The landlord would provide:
-
120 days' notice if the rent increase is more than $45.
-
60 days’ notice if the rent increase is $45 or less.
Landlords cannot raise the rent if the unit has defective conditions making it uninhabitable or in violation of RCW 59.18.060. Landlords can raise rent once the defective conditions are fixed. King County Code 12.25.100
Late fees
Landlords can charge late fees or costs for nonpayment of rent. However, late fees or costs for nonpayment of rent cannot exceed 1.5 percent of the tenant’s monthly rent. King County Code 12.25.060
Example: A tenant whose rent is $1,000 cannot be charged more than $15 in late fees for a late rental payment.
Eviction notices
An eviction notice is the beginning of the eviction process. If a tenant does not comply with the notice or does not move out of the unit prior to the expiration of the notice period, the landlord can file an eviction court case against the tenant. Landlords cannot change the locks on a tenant without the tenant’s consent. The only person who can physically remove a tenant is a sheriff, and they can only do so if there is a court order authorizing the eviction.
Tenants have the right to defend themselves against an eviction. Tenants can contact the Housing Justice Project for help with an eviction case. Low-income tenants have the right to a free tenant attorney. RCW 59.18.640
Tenants living in unincorporated King County have local protections against eviction that only allow landlords to evict a tenant for certain reasons. Landlords must give tenants an eviction notice before taking the tenant to court:
- Tenant does not comply with a nonpayment of rent notice within 30 days King County Code 12.25.030 A.1.a.
- Example: Rent is due on August 1st but tenant does not pay rent. The landlord can give the tenant a 30-day eviction notice to pay or vacate. The tenant must pay the rent and up to a $75 late fee (if required in the lease) within that 30-day period (by August 31st) to stay in the rental unit. If the tenant does not pay by August 31st, the landlord can evict the tenant through the court process.
- Tenant does not comply with a comply or vacate notice within 30 days. King County Code 12.25.030 A.1.b
- Example: The lease has a rule that says tenants cannot have a dog. The landlord can give the tenant a 30-day eviction notice to comply or vacate. The tenant must remove the dog from the rental unit within the 30-day period to be able to stay in the rental unit. If the tenant continues to have the dog in the rental unit, the landlord can evict the tenant through the court process.
- Tenant receives a notice to vacate for waste or nuisance (waste or nuisance means an unreasonable or illegal use of property such as making drugs, setting fires in the unit, etc.) within 30 days. King County Code 12.25.030 A.1.c
- Example: The tenant is intentionally breaking all the windows in a rental unit. The landlord can give the tenant a 30-day notice to vacate. The tenant must move out of the unit at the end of this 30-day period, even if the tenant stops breaking windows. If the tenant does not move out, the landlord can evict the tenant through the court process.
- Landlord and/or their immediate family wants to move into the unit with a 90 day notice. King County Code 12.25.030 A.3
- Landlord must give the tenant 90 days advanced written notice if the landlord wants the tenant to move out so they can move their immediate family into the unit. If the tenant does not move out within the 90-day period, the landlord can evict the tenant through the court process.
- Immediate family under this cause includes the owner's domestic partner registered under chapter 26.60 RCW or the owner's spouse, parents, grandparents, children, brothers and sisters of the owner, of the owner's spouse or of the owner's domestic partner.
- There is a rebuttable presumption of a violation of the law (meaning there is an assumption there is a violation unless the landlord proves otherwise) if the landlord or their immediate family member does not occupy the rental unit for at least 60 consecutive days during the 90 days immediately after the tenant vacates the unit.
- Landlord decides to sell a single-family dwelling unit with a 90 day notice. King County Code 12.25.030 A.4
- Landlord must give the tenant 90 days advanced written notice if they want the tenant to move out of the unit so the landlord can sell a single-family home. If the tenant does not move out within the 90-day period, the landlord can evict the tenant through the court process.
- There is a rebuttable presumption of a violation of the law (meaning there is an assumption there is a violation unless the landlord proves otherwise) if:
- the owner does not list the single-family dwelling for sale at fair market value within 30 days after the tenant has vacated, or
- the owner withdraws the rental unit from the sales market, rents the unit to someone other than the former tenant or otherwise indicates that the owner does not intend to sell the unit within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later
- Landlord needs to substantially rehabilitate the building with a 120-day notice. King County Code 12.25.030 A.5
- The landlord must submit a complete application for at least one permit required under King County Code Title 16 for rehabilitation.
- Example: Landlord wants to remodel the kitchen and bathroom in the rental unit so they need the tenant to move out of the unit. The landlord must give the tenant 120-days' notice and the tenant must move within that 120-day period. If the tenant does not move out in that 120-day period, the landlord can evict the tenant through the court process.
- Landlord demolishes the building, convert it to a cooperative or a nonresidential use with a 120-day notice. King County Code 12.25.030 A.6.a
- The landlord must obtain the necessary permits before serving the tenant with notice.
- Example: Landlords wants to tear down the building. The landlord must give the tenant 120 days’ notice to move out. If the tenant does not move out within 120 days, the landlord can evict the tenant through the court process.
- Landlord decides to convert the unit into a condominium with a 120-day notice. King County Code 12.25.030 A.6.b
- Example: Landlord wants to change the building from rental units to condominiums. Under state law (RCW 64.34), the landlord must give the tenant a chance to buy their unit. If the tenant does not want to buy the unit, the landlord must give the tenant 120 days' notice to move out. If the tenant does not move out within 120 days, the landlord can evict the tenant through the court process.
- Landlord seeks to reduce the number of occupants who reside in one dwelling unit to comply with the legal limit and the tenant fails to comply within 30 days. King County Code 12.25.030 A.7
- If there is more than one rental agreement for the unit, the landlord may choose which agreement to terminate, but the landlord many not terminate more agreements than necessary to comply with the law.
- Example: There are 10 people living in the rental unit who have individual leases with the landlord, but under local law, only three people can live in the unit. The landlord must give seven tenants a 30 days' notice to move out. The landlord cannot use this reason to evict more than seven tenants. The landlord can choose which seven tenants to evict. If the seven tenants do not move out within 30 days, the landlord can evict the tenant through the court process.
- Landlord wants to discontinue the residential use of an accessory dwelling unit (ADUs are also called guest houses, mother-in-law units, basement units, etc.) with a 30-day notice. King County Code 12.25.030 A.8
- Example: Landlord wants to use an ADU as a storage space. The landlord must give the tenant 30 days’ notice to move. If the tenant does not move out within 30 days, the landlord can evict the tenant through the court process.
- Landlord receives a notice and order issued under King County Code Title 16 or 23 (building/property code laws) and the violations are not corrected and the notice and order restrict the tenant’s ability to reside in the unit with a 30-day notice. King County Code 12.25.030 A.9
- The landlord must make a showing of medical or financial hardship that prevents the landlord from making the necessary repairs.
- The tenant could stay by repairing the unit as set forth in RCW 59.18.100
- Example: The electrical wiring in the rental unit is old, unsafe, and is illegal under the local building codes. The landlord has not fixed the electrical wiring because they recently had a medical emergency that cost the landlord’s entire savings. King County orders the landlord to not have anybody living in the unit because it is unsafe. The landlord can evict the tenant by giving them a 30 days’ notice, but the landlord must be able to prove that they can’t fix the wiring due to a medical or financial hardship. If the tenant does not move out within 30 days, the landlord can evict the tenant through the court process.
- Landlord and tenant live together in the same unit and the landlord intends to discontinue leasing to a tenant in the owner's own dwelling unit in which the owner resides with a 30-day notice. King County Code 12.25.030 A.10.a
- Example: Landlord rents out a spare bedroom to a tenant in the landlord’s house. The landlord can evict the tenant for any reason with a 30-day notice. If the tenant does not move out within those 30 days, the landlord can evict the tenant through the court process.
- Landlord no longer wants to rent to a tenant who lives in an accessory dwelling unit (ADUs are also called guest houses, mother-in-law units, basement units, etc.) on the property in which the landlord also lives with a 30-day notice. King County Code 12.25.030 A.10.b
- Landlord no longer wants to lease to a tenant who lives in a single-family home and the landlord lives in an accessory dwelling unit (ADUs are also called guest houses, mother-in-law units, basement units, etc.) on the same lot with a 30-day notice. King County Code 12.25.030 A.10.c
- Tenant, or with the consent of the tenant, the tenant’s subtenant, sublessee, resident, or guest, has engaged in criminal activity on the premises or on the property or public right-of-way abutting the premises with a 30-day notice. Engaging in criminal activity means engaging in:
- Drug-related activity that is in violation of chapters 69.41, 69.50, or 69.52 RCW
- Activity that is a crime under the laws of the state but only if the crime substantially affects the health or safety of any person, which means:
- Activity is imminently hazardous to the physical safety of any person
- The activity entails physical assaults upon another person that result in an arrest
- Activity entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 that results in an arrest or
- Activity renders people in at least two or more units insecure in life or the use of property that injures or endangers the safety or health of people in at least two or more units
- The court can consider the totality of the situation for the criminal activity cause.
- Example: the tenant’s friend is in the rental unit and shoots the wall with a gun. The landlord can evict the tenant with a 30 days' notice. If the tenant does not move out within 30 days, the landlord can evict the tenant through the court process.
- Tenant knowingly allows an animal who has been declared vicious in accordance with King County Code Title 11 to stay in the unit with a 30-day notice. King County Code 12.25.030 A.12.i, 12.25.030 A.12.ii
- Example: a tenant’s dog bit someone. The Regional Animal Services of King County investigated the incident and ruled the dog was vicious. The tenant kept the dog, knowing the dog was declared vicious. The landlord can evict a tenant for keeping the dog with a 30-day notice. If the tenant does not move out within 30 days, the landlord can evict the tenant through the court process.
Eviction notices must have enough information so the tenant can respond and prepare a defense against any allegations in the notice. For example, a landlord cannot give an eviction notice for a lease violation that does not state what the specific lease violation is alleged. King County Code 12.25.030(C)
Moving out
Giving notice
Tenants who are on a month-to-month lease need to provide at least 20 days’ notice in writing before the last day of the month that they want to move out. For example, if a tenant wants the last month of their lease to be August, then the tenant would need to provide written notice to their landlord by August 11th. RCW 59.18.200
Tenants who have a termed lease, such as a twelve-month lease, will need to refer to their lease to determine how much notice they are required to give to their landlord prior to the end of the lease.
Security deposit return
Landlords must return a security deposit or tell the tenant in writing why the deposit is withheld within 21 days after the tenant vacates the unit. Landlords cannot charge a tenant for normal wear and tear on a unit.
If the landlord does not return the deposit or provide the tenant with the written statement within 21 days, the landlord must give the tenant the entire deposit back. The landlord also cannot take other action to recover the deposit. Landlords who do not follow this rule may also have to pay penalties. RCW 59.18.280