AN ACT Relating to landlords and tenants; amending RCW 59.04.050, 59.18.040, 59.18.050, 59.18.060, 59.18.080, 59.18.100, 59.18.110, 59.18.200, 59.18.260, 59.20.030, 59.20.040, 59.20.050, 59.20.060, 59.20.070, 59.20.074, 59.20.080, 59.20.130, 59.20.180, and 59.20.220; adding new sections to chapter 59.18 RCW; adding new sections to chapter 59.20 RCW; creating a new section; and repealing RCW 59.04.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

PART 1

TENANCIES

Sec. 1. Section 5, page 101, Laws of 1867 as amended by section 2057, Code of 1881 and RCW 59.04.050 are each amended to read as follows:

Whenever any person obtains possession of premises without the consent of the owner or other person having the right to ((~~give said~~)) grant possession, he or she shall ((~~be deemed a tenant by sufferance merely, and shall be liable to~~)) pay reasonable rent for the actual time he or she occupied the premises, and shall ((~~forthwith~~)) on demand immediately surrender ((~~his said~~)) possession to the owner or person who had the right of possession ((~~before said entry, and all his right to possession of said premises shall terminate immediately upon said demand~~)). This section only applies to persons who do not have a right or a claim to the premises.

PART 2

RESIDENTIAL LANDLORD/TENANT PROVISIONS

Sec. 201. Section 4, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.040 are each amended to read as follows:

LIVING ARRANGEMENTS EXEMPTED FROM CHAPTER. The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application, in which event the provisions of this chapter shall control:

(1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to correctional facilities, licensed nursing homes, monasteries and convents, and hospitals;

(2) Occupancy under a bona fide earnest money agreement to purchase, bona fide option to purchase, or contract of sale of the dwelling unit or the property of which it is a part, where the tenant is, or stands in the place of, the purchaser;

(3) Residence in a hotel, motel, or other transient lodging whose operation is defined in RCW 19.48.010;

(4) Rental agreements entered into pursuant to the provisions of chapter 47.12 RCW where occupancy is by an owner-condemnee and where such agreement does not violate the public policy of this state of ensuring decent, safe, and sanitary housing and is so certified by the consumer protection division of the attorney general's office;

(5) Rental agreements for the use of any single family residence which are incidental to leases or rentals entered into in connection with a lease of land to be used primarily for agricultural purposes;

(6) Rental agreements providing housing for seasonal agricultural employees while provided in conjunction with such employment, where the worker is not charged for the housing and where the housing is regularly inspected by a governmental entity;

(7) Rental agreements with the state of Washington, department of natural resources, on public lands governed by Title 79 RCW;

(8) Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises.

Sec. 202. Section 5, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.050 are each amended to read as follows:

JURISDICTION OF DISTRICT AND SUPERIOR COURTS. The district or superior courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter within the respective jurisdictions of the district or superior courts as provided in Article IV, section 6 of the Constitution of the state of Washington. Actions for monetary damages within the jurisdictional limits of the district courts may be filed in district court including small claims courts. The superior court shall have jurisdiction of all other actions.

Sec. 203. Section 6, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.060 are each amended to read as follows:

LANDLORD‑-DUTIES. The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:

(1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the tenant;

(2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in reasonably good repair so as to be usable and capable of resisting any and all normal forces and loads to which they may be subjected;

(3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;

(4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single family residence, control infestation during tenancy except where such infestation is caused by the tenant;

(5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;

(6) Provide reasonably adequate locks and furnish keys to the tenant;

(7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonably good working order;

(8) Maintain the dwelling unit in reasonably weathertight condition;

(9) Except in the case of a single family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste;

(10) Except where the building is not equipped for the purpose, provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant;

(11) Designate to the tenant ((~~the name and address of the person who is the landlord~~)) by a statement on the rental agreement or by a notice conspicuously posted on the premises the name and address of the person who owns the premises, and the name and address of the person who manages the premises if that person is not also the owner. The tenant shall be notified immediately of any changes by certified mail or by an updated posting. If the persons designated in this section ((~~does~~)) do not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process((~~, and~~)). If no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.

No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section.

Sec. 204. Section 8, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.080 are each amended to read as follows:

PAYMENT OF RENT CONDITION TO EXERCISING REMEDIES‑-EXCEPTIONS. The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded him under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant's civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing, or limiting the tenants' right to raise the defense of set off in an unlawful detainer action.

Sec. 205. Section 10, chapter 207, Laws of 1973 1st ex. sess. as amended by section 35, chapter 185, Laws of 1987 and RCW 59.18.100 are each amended to read as follows:

LANDLORD'S FAILURE TO CARRY OUT DUTIES‑-REPAIRS EFFECTED BY TENANT‑-BIDS‑-NOTICE‑-DEDUCTION OF COST FROM RENT‑-LIMITATIONS. (1) If at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.18.060, and notice of the defect is given to the landlord pursuant to RCW 59.18.070, the tenant may submit to the landlord or his designated agent by certified mail or in person at least two bids to perform the repairs necessary to correct the defective condition from licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, from responsible persons capable of performing such repairs. Such bids may be submitted to the landlord at the same time as notice is given pursuant to RCW 59.18.070: PROVIDED, That the remedy provided in this section shall not be available for a landlord's failure to carry out the duties in subsections (6), (9), and (11) of RCW 59.18.060.

(2) If the landlord fails to commence repair of the defective condition within a reasonable time after receipt of notice from the tenant, the tenant may contract with the person submitting the lowest bid to make the repair, and upon the completion of the repair and an opportunity for inspection by the landlord or ((~~his~~)) the landlord's designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars representing ((~~one month's~~)) two months' rental of the tenant's unit in any twelve-month period: PROVIDED, That when the landlord must commence to remedy the defective condition within thirty days as provided in subsection (4) of RCW 59.18.070, the tenant cannot contract for repairs for at least fifteen days following receipt of said bids by the landlord: PROVIDED FURTHER, That the total costs of repairs deducted in any twelve-month period under this subsection shall not exceed the sum expressed in dollars representing ((~~one month's~~)) two months' rental of the tenant's unit.

(3) If the landlord fails to carry out the duties imposed by RCW 59.18.060 within a reasonable time, and if the cost of repair does not exceed ((~~one-half~~)) one month's rent, including the cost of materials ((~~and labor, which shall be computed at the prevailing rate in the community for the performance of such work~~)), and if repair of the condition need not by law be performed only by licensed or registered persons, the tenant may repair the defective condition in a workmanlike manner and upon completion of the repair and an opportunity for inspection, the tenant may deduct the cost of repair from the rent: PROVIDED, That repairs under this subsection are limited to defects within the leased premises: PROVIDED FURTHER, That the total costs of repairs deducted in any twelve-month period under this subsection shall not exceed ((~~one-half~~)) one month's rent of the unit ((~~or seventy-five dollars in any twelve-month period, whichever is the lesser~~)).

(4) The provisions of this section shall not:

(a) Create a relationship of employer and employee between landlord and tenant; or

(b) Create liability under the workers' compensation act; or

(5) Any repair work performed under the provisions of this section shall comply with the requirements imposed by any applicable code, statute, ordinance, or regulation. A landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual damages in an action against the tenant.

(6) Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs himself in return for cash payment or a reasonable reduction in rent, the agreement thereof to be agreed upon between the parties, and such agreement does not alter the landlord's obligations under this chapter.

NEW SECTION. Sec. 206. A new section is added to chapter 59.18 RCW to read as follows:

ADDITIONAL REMEDIES‑-ESCROW ACCOUNTS. (1) If the landlord has failed to carry out any of the duties imposed by RCW 59.18.060, the tenant may, after notifying the landlord under RCW 59.12.040 of the failure and allowing a reasonable amount of time to correct it under RCW 59.18.070, pay the full rent due based on the rental agreement into an escrow account maintained by a person authorized by law to set up and maintain escrow accounts, including escrow companies under chapter 18.44 RCW, financial institutions, or attorneys. When an escrow account has been set up pursuant to this section, the person maintaining the escrow account shall:

(a) Distribute all the funds in the account to the landlord upon written authorization to do so by the tenant; or

(b) Distribute all the funds as indicated by written instructions from a court or arbitrator.

(2) When the landlord corrects the failure to carry out a duty under RCW 59.18.060, or if the tenancy ends before such time, the amount of rents equal to the diminished value of the premises as determined by a court or arbitrator under RCW 59.18.110 shall be paid to the landlord, with the remainder in the escrow account paid to the tenant. If a court or arbitrator determines a diminished rental value of the premises pursuant to subsection (3) of this section, and the landlord has failed to comply with RCW 59.18.060, the tenant may pay the rent due based on the diminished value of the premises into the escrow account until the landlord makes the necessary corrections. If further court proceedings or arbitration is required because the landlord continues to not comply with RCW 59.18.060, the landlord shall be liable for the total cost of the escrow account and the tenant's court or arbitration costs. The moneys in the escrow account shall not be distributed until the landlord is in compliance with RCW 59.18.060 to the satisfaction of a court or arbitrator, or until the tenancy has ended, whichever event occurs first.

(3) The tenant shall pay the cost of the escrow account and the tenant shall initiate an action within ten days of opening the escrow account in a court or through arbitration, if both parties agree, to determine rent due because of the diminished value of the premises as provided in RCW 59.18.110. This may be filed in any court action having jurisdiction, including small claims court. The landlord shall not initiate an unlawful detainer action or obtain a writ of restitution if the tenant exercises the remedy under this section in good faith, is not in default in rent when initiating this remedy, and pays the rent into the escrow account on the dates specified by the rental agreement as it becomes due. This remedy shall not be available to a tenant who has been notified that the landlord has initiated an unlawful detainer action against the tenant.

(4) This subsection does not limit other remedies available in this title or at law. However, a tenant choosing to place the rent payments in escrow as an incentive for the landlord to fulfill a required duty cannot use remedies under RCW 59.18.100 (1), (2), and (3). The tenant shall agree to mediation or arbitration if the landlord requests it because the landlord believes no failure to carry out a duty or obligation has occurred.

Sec. 207. Section 11, chapter 207, Laws of 1973 1st ex. sess. and RCW 59.18.110 are each amended to read as follows:

FAILURE OF LANDLORD TO CARRY OUT DUTIES‑-DETERMINATION BY COURT OR ARBITRATOR‑-JUDGMENT AGAINST LANDLORD FOR DIMINISHED RENTAL VALUE AND REPAIR COSTS‑-ENFORCEMENT OF JUDGMENT‑-REDUCTION IN RENT UNDER CERTAIN CONDITIONS. (1) If a court or an arbitrator determines that:

(a) A landlord has failed to carry out a duty or duties imposed by RCW 59.18.060; and

(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord in accordance with RCW 59.18.070 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the premises due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to RCW 59.18.100 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.

The court or arbitrator may also authorize the tenant to make or contract to make further corrective repairs: PROVIDED, That the court specifies a time period in which the landlord may make such repairs before the tenant may commence or contract for such repairs: PROVIDED FURTHER, That such repairs shall not exceed the sum expressed in dollars representing ((~~one month's~~)) two months' rental of the tenant's unit in any one calendar year.

(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.

NEW SECTION. Sec. 208. A new section is added to chapter 59.18 RCW to read as follows:

ASSISTED HOUSING‑-TERMINATION OF GOVERNMENT ASSISTANCE‑-NOTICE. (1) A least twelve months before the anticipated date of termination of a subsidy contract or mortgage prepayment on an assisted housing development, the owner or its agent proposing the termination or prepayment of government assistance shall provide a notice of the change to each affected tenant household residing in the assisted housing development. The notice shall contain: (a) The anticipated date of the termination or prepayment; (b) the anticipated rent increase at the date of the prepayment or termination of the program; (c) a statement that a copy of the notice will be sent to the city, town, or county where the assisted housing development is located; and (d) a statement that a public hearing may be held by the legislative body of the city, town, or county on the issue and that the tenant will receive notice of the public hearing at least fifteen days in advance of the hearing. The notice of the termination of government assisted housing also shall be filed at the same time with the department of community development, the local housing authority if one has been activated, and the legislative body of the city, town, or county depending on where the premises are located. If a public hearing is provided by the appropriate legislative body under (c) of this subsection, that legislative body shall give notice of the hearing. The landlord shall provide the names and addresses of the tenants to the legislative body in order for the legislative body to provide notice of the public hearing.

(2) In addition to information provided in the notice to the affected tenant, the notice to the appropriate city or county also shall contain information regarding the number of affected tenants in the project, the number of units that are government assisted, the number of units that are not government assisted, and the number of bedrooms in each unit that is government assisted. The information contained in the notice shall be based on data that is reasonably available from existing tenant written records. As used in this section, "affected tenant" means a tenant household residing in an assisted housing development which benefits from the government assistance.

(3) The owner or its agent is not required to obtain or acquire additional information that is not contained in the existing tenant records. The owner or its agent shall not be held liable for any inaccuracies contained in the tenant records or from other sources.

(4) The legislative body may hold a public hearing which may be part of a regularly scheduled public hearing for the purpose of reviewing the notice under this section for all assisted housing developments. The public hearing, if any, shall be held within forty-five days of receipt of the notice by the city or county to determine the affect of the change upon the locality's housing needs and its ability to meet those housing needs. Written notice of the time, date, and place of the hearing shall be given to each affected tenant household at least fifteen days before the hearing date.

(5) For purposes of this section, service of the notice to the affected tenants and the appropriate city or county housing authority by the owner or its agent under this section and service of the notice to the affected tenants by the city or county under this section shall be made by first-class mail postage prepaid.

(6) Nothing in this section shall enlarge or diminish in any way any power which a city, county, city and county, affected tenant, or owner may have, independent of this section.

(7) As used in this section, "assisted housing development" means a multifamily rental housing development that receives governmental assistance under any of the following federal programs:

(a) New construction, substantial rehabilitation, and loan management set-aside programs under section 8 of the United States housing act of 1937, as amended (42 U.S.C. Sec. 1437f).

(b) The following programs under the following sections of the national housing act:

(i) Section 213 (12 U.S.C. Sec. 1715e);

(ii) The below-market-interest-rate program under section 221(d)(3) (12 U.S.C. Sec. 1715l(d)(3));

(iii) Section 236 (12 U.S.C. Sec. 1715z-l);

(iv) Section 202 (12 U.S.C. Sec. 1708).

(c) Programs for rent supplement assistance under section 101 of the housing and urban development act of 1965 (Public Law 89-117), as amended.

(d) Programs under section 515 of the housing act of 1949, as amended (42 U.S.C. Sec. 1485).

Sec. 209. Section 20, chapter 207, Laws of 1973 1st ex. sess. as amended by section 1, chapter 70, Laws of 1979 ex. sess. and RCW 59.18.200 are each amended to read as follows:

TENANCY FROM MONTH TO MONTH OR FOR RENTAL PERIOD‑-TERMINATION‑-EXCLUSION OF CHILDREN OR CONVERSION TO CONDOMINIUM‑-NOTICE. (1) When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall be terminated by written notice of twenty days or more, preceding the end of any of said months or periods, given by either party to the other.

(2) Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership ((or)), plans to significantly change ((to)) a policy ((~~of excluding~~)) on children or pets, or plans to significantly change recreational facilities available to tenants, the landlord shall give a written notice to ((a)) any affected tenant at least ninety days before termination of the tenancy, as determined in the rental agreement, to effectuate such change in policy. An "affected tenant" as used in this section is a tenant who has not agreed to the change in writing where the rule change is proposed during the tenancy period. Such ninety-day notice shall be in lieu of the notice required by subsection (1) of this section: PROVIDED, That if after giving the ninety-day notice the change in policy is delayed, the notice requirements of subsection (1) of this section shall apply unless waived by the tenant.

Sec. 210. Section 26, chapter 207, Laws of 1973 1st ex. sess. as amended by section 6, chapter 264, Laws of 1983 and RCW 59.18.260 are each amended to read as follows:

MONEYS PAID AS DEPOSIT OR SECURITY FOR PERFORMANCE BY TENANT‑-WRITTEN RENTAL AGREEMENT TO SPECIFY TERMS AND CONDITIONS FOR RETENTION BY LANDLORD‑-WRITTEN CHECKLIST REQUIRED. If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement at the beginning of the tenancy. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises.

NEW SECTION. Sec. 211. A new section is added to chapter 59.18 RCW to read as follows:

ADDITIONAL REMEDIES FOR VIOLATION OF SPECIFIED STATUTES. (1) In addition to other remedies under this chapter and at law, a court or an arbitrator may award actual damages or one hundred dollars, whichever is greater, plus reasonable costs and reasonable attorneys' fees for each violation of any provision in the following sections:

(a) RCW 59.18.060(11);

(b) RCW 59.18.150 (1) and (3); or

(2) If the court or arbitrator determines that either party has acted in bad faith in asserting a right or a defense under this chapter, or regularly violates this chapter, the court or arbitrator may award up to five hundred dollars or actual damages, whichever is greater, plus reasonable costs and reasonable attorneys' fees.

PART 3

MOBILE HOME LANDLORD-TENANT ACT

Sec. 301. Section 3, chapter 279, Laws of 1977 ex. sess. as last amended by section 4, chapter 304, Laws of 1981 and RCW 59.20.030 are each amended to read as follows:

DEFINITIONS. For purposes of this chapter:

(1) "Abandoned" as it relates to a mobile home owned by a tenant in a mobile home park or lot, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy;

(2) "Landlord" means the owner of a mobile home park or lot and includes the agents of a landlord;

(3) "Mobile home lot" means ((~~a portion of a mobile home park designated as the location~~)) any real property rented or held out for rent to others for the placement of one mobile home and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, including real property in a mobile home park and real property not in a mobile home park;

(4) "Mobile home park" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;

(5) "Mobile home park cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members;

(6) "Mobile home park subdivision" means real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots;

(7) "Tenant" means any person, except a transient, who rents a mobile home lot; and

(8) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence.

Sec. 302. Section 4, chapter 279, Laws of 1977 ex. sess. as last amended by section 5, chapter 304, Laws of 1981 and RCW 59.20.040 are each amended to read as follows:

CHAPTER APPLIES TO RENTAL AGREEMENTS REGARDING MOBILE HOME LOTS, COOPERATIVES, OR SUBDIVISIONS‑-APPLICABILITY OF AND CONSTRUCTION WITH PROVISIONS OF CHAPTER 59.12 RCW AND CHAPTER 59.18 RCW. This chapter shall regulate and determine legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a mobile home lot, and ((~~including~~)) includes specified amenities ((~~within the mobile home park, mobile home park cooperative, or mobile home park subdivision~~)), where the tenant has no ownership interest in the property or in the association which owns the property, whose uses are referred to as a part of the rent structure paid by the tenant. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. ((Chapter 59.12 RCW shall be applicable only in implementation of the provisions of this chapter and not as an alternative remedy to this chapter which shall be exclusive where applicable: PROVIDED, That the provision of RCW 59.12.090, 59.12.100, and 59.12.170 shall not apply to any rental agreement included under the provisions of this chapter. RCW 59.18.370 through 59.18.410 shall be applicable to any action of forcible entry or detainer or unlawful detainer arising from a tenancy under the provisions of this chapter, except when a mobile home or a tenancy in a mobile home lot is abandoned.)) Rentals of mobile homes ((~~themselves~~)) not owned by the tenant are governed by the Residential Landlord-Tenant Act, chapter 59.18 RCW.

Sec. 303. Section 5, chapter 279, Laws of 1977 ex. sess. as last amended by section 37, chapter 304, Laws of 1981 and RCW 59.20.050 are each amended to read as follows:

WRITTEN RENTAL AGREEMENT FOR TERM OF ONE YEAR OR MORE REQUIRED‑-WAIVER‑-EXCEPTIONS‑-APPLICATION OF SECTION. (1) No landlord may offer a mobile home lot for rent to anyone without offering a written rental agreement for a term of one year or more. No landlord may offer to anyone any rental agreement for a term of one year or more for which the monthly rental is greater, or the terms of payment or other material conditions more burdensome to the tenant, than any month-to-month rental agreement also offered to such tenant or prospective tenant. Anyone who desires to occupy a mobile home lot for other than a term of one year or more may have the option to be on a month-to-month basis but must waive, in writing, the right to such one year or more term: PROVIDED, That annually, at any anniversary date of the tenancy the tenant may require that the landlord provide a written rental agreement for a term of one year. No landlord shall allow a mobile home to be moved into a mobile home ((~~park~~)) lot in this state until a written rental agreement has been signed by and is in the possession of the parties: PROVIDED, That if the landlord allows the tenant to move a mobile home into a mobile home ((~~park~~)) lot without obtaining a written rental agreement for a term of one year or more, or a written waiver of the right to a one-year term or more, the term of the tenancy shall be deemed to be for one year from the date of occupancy of the mobile home lot;

(2) The requirements of subsection (1) of this section shall not apply if:

(a) The mobile home ((~~park~~)) lot or part thereof has been acquired or is under imminent threat of condemnation for a public works project, or

(b) An employer-employee relationship exists between a landlord and tenant;

(3) The provisions of this section shall apply to any tenancy upon expiration of the term of any oral or written rental agreement governing such tenancy.

Sec. 304. Section 6, chapter 279, Laws of 1977 ex. sess. as last amended by section 1, chapter 58, Laws of 1984 and RCW 59.20.060 are each amended to read as follows:

RENTAL AGREEMENTS‑-REQUIRED CONTENTS‑-EXCLUSIONS. (1) Any mobile home space tenancy regardless of the term, shall be based upon a written rental agreement, signed by the parties, which shall contain:

(a) The terms for the payment of rent, including time and place, and any additional charges to be paid by the tenant. Additional charges that occur less frequently than monthly shall be itemized in a billing to the tenant;

(b) Reasonable rules for guest parking which shall be clearly stated;

(d) The name and address of the person who is the ((~~landlord~~)) owner and the person who is the manager, if the manager is not also the owner, and if such persons ((~~does~~)) do not reside in the state there shall also be designated by name and address a person who resides in the county where the mobile home park is located who is authorized to act as agent for the purposes of service of notices and process. If no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered the agent;

(e) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a rental agreement;

(f) A listing of the utilities, services, and facilities which will be available to the tenant during the tenancy and the nature of the fees, if any, to be charged;

(g) A description of the boundaries of a mobile home space sufficient to inform the tenant of the exact location of his space in relation to other tenants' spaces; and

(h) A statement of the current zoning of the land on which the mobile home ((~~park~~)) lot is located.

(2) Any rental agreement executed between the landlord and tenant shall not contain any provision:

(a) Which allows the landlord to charge a fee for guest parking unless a violation of the rules for guest parking occurs: PROVIDED, That a fee may be charged for guest parking which covers an extended period of time as defined in the rental agreement;

(b) Which authorizes the towing or impounding of a vehicle except upon notice to the owner thereof or the tenant whose guest is the owner of said vehicle;

(c) Which allows the landlord to alter the due date for rent payment or increase the rent: (i) During the term of the rental agreement if the term is less than one year, or (ii) more frequently than annually if the term is for one year or more: PROVIDED, That a rental agreement may include an escalation clause for a pro rata share of any increase in the mobile home ((~~park's~~)) lot's real property taxes or utility assessments or charges, over the base taxes or utility assessments or charges of the year in which the rental agreement took effect, if the clause also provides for a pro rata reduction in rent or other charges in the event of a reduction in real property taxes or utility assessments or charges, below the base year: PROVIDED FURTHER, That a rental agreement for a term exceeding one year may provide for annual increases in rent in specified amounts or by a formula specified in such agreement;

(d) By which the tenant agrees to waive or forego rights or remedies under this chapter;

(e) Allowing the landlord to charge an "entrance fee" or an "exit fee";

(f) Which allows the landlord to charge a fee for guests: PROVIDED, That a landlord may establish rules charging for guests who remain on the premises for more than fifteen days in any sixty-day period;

(g) By which the tenant agrees to waive or forego homestead rights provided by chapter 6.12 RCW. This subsection shall not prohibit such waiver after a default in rent so long as such waiver is in writing signed by the husband and wife or by an unmarried claimant and in consideration of the landlord's agreement not to terminate the tenancy for a period of time specified in the waiver if the landlord would be otherwise entitled to terminate the tenancy under this chapter; or

(h) By which, at the time the rental agreement is entered into, the landlord and tenant agree to the selection of a particular arbitrator.

Sec. 305. Section 7, chapter 279, Laws of 1977 ex. sess. as last amended by section 1, chapter 253, Laws of 1987 and RCW 59.20.070 are each amended to read as follows:

PROHIBITED ACTS BY LANDLORD. A landlord shall not:

(1) Deny any tenant the right to sell such tenant's mobile home ((~~within a park~~)) or require the removal of the mobile home from the park because of the sale thereof. Requirements for the transfer of the rental agreement are in RCW 59.20.073;

(2) Restrict the tenant's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile home space: PROVIDED, That door-to-door solicitation in ((~~the~~)) a mobile home park may be restricted in the rental agreement;

(3) Prohibit meetings by tenants of ((~~the~~)) a mobile home park to discuss mobile home living and affairs, conducted at reasonable times and in an orderly manner on the premises, nor penalize any tenant for participation in such activities;

(4) Evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, or modify ((~~park~~)) rules in retaliation for any of the following actions on the part of a tenant taken in good faith:

(a) Filing a complaint with any state, county, or municipal governmental authority relating to any alleged violation by the landlord of an applicable statute, regulation, or ordinance;

(b) Requesting the landlord to comply with the provision of this chapter or other applicable statute, regulation, or ordinance of the state, county, or municipality;

(d) Participation or membership in any homeowners association or group;

(5) Charge to any tenant a utility fee in excess of actual utility costs or intentionally cause termination or interruption of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs;

(6) Remove or exclude a tenant from the premises unless this chapter is complied with or the exclusion or removal is under an appropriate court order; or

(7) Prevent the entry or require the removal of a mobile home for the sole reason that the mobile home has reached a certain age. Nothing in this subsection shall limit a landlords' right to exclude or expel a mobile home for any other reason provided such action conforms to chapter 59.20 RCW or any other statutory provision.

Sec. 306. Section 1, chapter 78, Laws of 1985 and RCW 59.20.074 are each amended to read as follows:

RENT‑-LIABILITY OF SECURED PARTY TAKING POSSESSION OF MOBILE HOME. A secured party who has a security interest in a mobile home ((~~that is located within a mobile home park~~)) and takes possession of the mobile home under RCW 62A.9-503, shall be liable to the landlord for rent for occupancy of the mobile home space under the same terms the tenant was paying prior to repossession, until disposition of the mobile home under RCW 62A.9-504.

(2) This section shall not affect the availability of a landlord's lien as provided in chapter 60.72 RCW.

(3) As used in this section, "security interest" shall have the same meaning as this term is defined in RCW 62A.1-201, and "secured party" shall have the same meaning as this term is defined in RCW 62A.9-105.

Sec. 307. Section 8, chapter 279, Laws of 1977 ex. sess. as last amended by section 4, chapter 58, Laws of 1984 and RCW 59.20.080 are each amended to read as follows:

GROUNDS FOR TERMINATION OF TENANCY‑-NOTICE‑-MEDIATION. (1) Except as provided in subsection (2) of this section, the landlord shall not terminate a tenancy, of whatever duration except for one or more of the following reasons:

(a) Substantial violation, or repeated or periodic violations of the rules ((~~of the mobile home park~~)) as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination((: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate)). Rule changes proposed by the landlord that are not agreed to by the tenants, shall not take effect until the tenancy period, as specified in the rental agreement, has expired. In all cases the tenants shall be given thirty days' notice of the proposed rule change. If the rule change significantly alters the policy on children, pets, or recreational facilities, the tenants shall be given twelve months' notice or the expiration of the present tenancy period, whichever is greater;

(b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;

(c) Where the lot is located in a mobile home park, conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of ((~~the~~)) other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;

(d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes or mobile home living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;

(e) Change of land use of the mobile home lot or park including, but not limited to, conversion to a use other than for mobile homes or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the proposed effective date of such change.

(2) A landlord may terminate any tenancy without cause. Such termination shall be effective twelve months from the date the landlord serves notice of termination upon the tenant or at the end of the current tenancy, whichever is later: PROVIDED, That a landlord shall not terminate a tenancy for any reason or basis which is prohibited under RCW 59.20.070 (3) or (4) or is intended to circumvent the provisions of (1)(e) of this section.

(3) Within five days of a notice of eviction as required by subsection (1)(a) or (2) of this section, the landlord and tenant shall submit any dispute, including the decision to terminate the tenancy without cause, to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section, or for a period of thirty days for an eviction under subsection (2) of this section. It is a defense to an eviction under subsection (1)(a) or (2) of this section that a landlord did not participate in the mediation process in good faith.

Sec. 308. Section 8, chapter 186, Laws of 1979 ex. sess. as amended by section 5, chapter 58, Laws of 1984 and RCW 59.20.130 are each amended to read as follows:

DUTIES OF LANDLORD. It shall be the duty of the landlord to:

(1) Comply with codes, statutes, ordinances, and administrative rules applicable to the mobile home lot or park;

(2) Maintain the common premises and prevent the accumulation of stagnant water and to prevent the detrimental effects of moving water when such condition is not the fault of the tenant;

(3) Keep any shared or common premises reasonably clean, sanitary, and safe from defects to reduce the hazards of fire or accident;

(4) Keep all common premises of ((~~the~~)) a mobile home park, not in the possession of tenants, free of weeds or plant growth noxious and detrimental to the health of the tenants and free from potentially injurious or unsightly objects and condition;

(5) Exterminate or make a reasonable effort to exterminate rodents, vermin, or other pests dangerous to the health and safety of the tenant whenever infestation exists on the common premises or whenever infestation occurs in the interior of a mobile home as a result of infestation existing on the common premises;

(6) Maintain and protect all utilities provided to the mobile home in good working condition. Maintenance responsibility shall be determined at that point where the normal mobile home utilities "hook-ups" connect to those provided by the landlord or utility company;

(7) Respect the privacy of the tenants and shall have no right of entry to a mobile home without the prior written consent of the occupant, except in case of emergency or when the occupant has abandoned the mobile home. Such consent may be revoked in writing by the occupant at any time. The ownership or management shall have a right of entry upon the land upon which a mobile home is situated for maintenance of utilities and protection of the mobile home park or lot at any reasonable time or in an emergency, but not in a manner or at a time which would interfere with the occupant's quiet enjoyment;

(8) Allow tenants freedom of choice in the purchase of goods and services, and not unreasonably restrict access to the mobile home lot or park for such purposes;

(9) Maintain roads within ((~~the~~)) a mobile home park in good condition; and

(10) Notify each tenant within five days after a petition has been filed by the landlord for a change in the zoning of the land where the mobile home lot or park is located and make a description of the change available to the tenant.

A landlord shall not have a duty to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, if the defective condition complained of was caused by the conduct of the tenant, the tenant's family, invitee, or other person acting under the tenant's control, or if a tenant unreasonably fails to allow the landlord access to the property for purposes of repair.

Sec. 309. Section 13, chapter 186, Laws of 1979 ex. sess. as amended by section 11, chapter 58, Laws of 1984 and RCW 59.20.180 are each amended to read as follows:

MONEYS PAID AS DEPOSIT OR SECURITY FOR PERFORMANCE BY TENANT‑-STATEMENT AND NOTICE OF BASIS FOR RETENTION. Within fourteen days after the termination of the rental agreement and vacation of the mobile home space, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the mobile home space.

The statement shall be delivered to the tenant personally or by mail to the last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above such landlord shall be liable to the tenant for the full amount of the refund due. A court or arbitrator may award up to two times the security deposit if the landlord intentionally keeps the deposit.

Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible.

NEW SECTION. Sec. 310. A new section is added to chapter 59.20 RCW to read as follows:

ADDITIONAL REMEDIES‑-ESCROW ACCOUNTS. (1) If the landlord has failed to carry out any of the duties imposed by RCW 59.20.130, the tenant may, after notifying the landlord under RCW 59.12.040 of the failure and allowing a reasonable time to correct it under RCW 59.20.200, pay the full rent due based on the rental agreement into an escrow account maintained by a person authorized by law to set up and maintain escrow accounts, including escrow companies under chapter 18.44 RCW, financial institutions, or attorneys. When an escrow account has been set up pursuant to this section, the person maintaining the escrow account shall:

(a) Distribute all the funds in the account to the landlord upon written authorization to do so by the tenant; or

(b) Distribute all the funds as indicated by written instructions from a court or arbitrator.

(2) When the landlord corrects the failure to carry out a duty under RCW 59.20.130, or if the tenancy ends before such time, the amount of rents equal to the diminished value of the premises as determined by a court or arbitrator under this chapter shall be paid to the landlord, with the remainder in the escrow account paid to the tenant. If a court or arbitrator determines a diminished rental value of the premises pursuant to subsection (3) of this section, and the landlord has failed to comply with RCW 59.20.130, the tenant may pay the rent due based on the diminished value of the premises into the escrow account until the landlord makes the necessary corrections. If further court proceedings or arbitration is required because the landlord continues to fail to comply with RCW 59.20.130, the landlord shall be liable for the total cost of the escrow account and the tenant's court or arbitration costs. The moneys in the escrow account shall not be distributed until the landlord is in compliance with RCW 59.20.130 to the satisfaction of a court or arbitrator, or until the tenancy has ended, whichever event occurs first.

(3) The tenant shall pay the cost of the escrow account and the tenant shall initiate an action within ten days of opening an escrow account in a court or through arbitration, if both parties agree, to determine the rent due because of the diminished value of the premises as provided in RCW 59.20.220. This action may be filed in any court having jurisdiction, including small claims court. The landlord shall not initiate an unlawful detainer action or obtain a writ of restitution if the tenant exercises the remedy under this section in good faith, is not in default in rental payments when initiating this remedy, and pays the rent into the escrow account on the dates specified by the rental agreement as it becomes due. This remedy shall not be available to a tenant who has been notified that the landlord has initiated an unlawful detainer action against the tenant.

(4) This subsection does not limit other remedies available in this title or at law. However, a tenant choosing to place the rent payments in escrow as an incentive for the landlord to fulfill a required duty cannot use remedies under RCW 59.20.210 (1), (2), and (3). The tenant shall agree to mediation or arbitration should the landlord request it because the landlord believes no failure to carry out a duty or obligation has occurred.

Sec. 311. Section 9, chapter 58, Laws of 1984 and RCW 59.20.220 are each amended to read as follows:

LANDLORD‑-FAILURE TO CARRY OUT DUTIES‑-JUDGMENT BY COURT OR ARBITRATOR FOR DIMINISHED RENTAL VALUE AND REPAIR COSTS‑-ENFORCEMENT OF JUDGMENT‑-REDUCTION IN RENT. (1) If a court or an arbitrator determines that:

(a) A landlord has failed to carry out a duty or duties imposed by RCW 59.20.130; and

(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord under RCW 59.20.200 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the property due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to ((~~section 4 of this act~~)) RCW 59.20.210 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.

The court or arbitrator may also authorize the tenant to contract to make further corrective repairs. The court or arbitrator shall specify a time period in which the landlord may make such repairs before the tenant may contract for such repairs. Such repairs shall not exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space in any one calendar year.

(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the mobile home space until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.

NEW SECTION. Sec. 312. A new section is added to chapter 59.20 RCW to read as follows:

ADDITIONAL REMEDIES. In addition to any other remedies under this chapter and at law, a court or arbitrator may award actual damages, or one hundred dollars, whichever is greater, plus reasonable attorneys' fees and costs, for each violation of RCW 59.20.050 or 59.20.070. If the court or arbitrator determines that either party has acted in bad faith in asserting a right or a defense under this chapter, or regularly violates a provision of this chapter, the court or arbitrator may award up to five hundred dollars or actual damages, whichever is greater, plus reasonable attorneys' fees and costs.

PART 4

MISCELLANEOUS

NEW SECTION. Sec. 401. Section 1, page 101, Laws of 1867, section 2053, Code of 1881 and RCW 59.04.010 are each repealed.

NEW SECTION. Sec. 402. This act shall apply to rental agreements entered into after the effective date of this act.

NEW SECTION. Sec. 403. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.