I’m planning to move out next month, and the form I got from my landlord to give notice to vacate contains this section (emphasis added):
Well, that doesn’t seem right. I don’t want to agree to that. So I checked my rental agreement, and sure enough, it contains this section:
But according to the state Landlord-Tenant Act, landlords must give two days’ notice before entering (or one day’s notice if they’re entering to show the dwelling to prospective tenants), and any provision in the rental agreement that allows the landlord to enter without such notice is illegal and unenforceable.
IANAL, but I’ve read what seem to be the relevant parts of the law’s text, including RCW 59.18.150 and 59.18.230, and they seem to back up the summary I linked to above. Is there some exemption I’m missing that would allow my landlord to enter without notice only in the 20 days prior to moving out? Or can I confidently walk into the rental office carrying a form with that section blacked out and say, “I don’t want you to enter without notice, and the part of our rental contract that says you have the right to do that is unenforceable”?
As a bit of practical advice, I would suggest being slightly less confrontational about it. I would mark through the “without notice” language, and write in “one day’s notice per RCW 59.18.150 and 59.18.230”
And then I would politely point out this change and the reason for it to the folks at the rental office. Maybe print out the page you linked to and show them that. It is quite possible that they honestly don’t know that the law requires such notice.
I am not a Washington lawyer, but your reading appears to be correct.
Just talk to the owner – there’s a possibility he doesn’t know the law and is willing to be accomodating. If you think there’s a risk of losing your security deposit, try to work with them. That’s extra-legal advice, of course, but if you can save yourself a squabble without too much inconvenience, it may be worth it.
This is not an expert opinion (aside from being a bit well read in tenants’ rights in my hometown), but it’s my understanding that neither you or your landlord is bound to anything written into a lease that is against the law.
For example, in my town, a landlord cannot collect a late fee for late rent (I don’t remember if that’s within a certain amount of time, or if it applies always) unless he or she can show that s/he incurred an expense due to late receipt of the rent. If he or she writes in that there’s a $50 late fee if your rent isn’t in on the first, it’s not really legally enforcable (unless there are expenses incurred), even if you’ve signed the lease.
Likewise, it is illegal here for a landlord to enter without 24 hours notice. You can’t sign away your right to 24 hours notice. You are within your rights, therefore, to turn away the landlord at the door, or to persue some sort of legal recourse, I suppose.
The question is, while things may or may not be legal, is pissing off your landlord worth it for you? I’ve signed leases that had built-in late fees (which, as I said, are only enforcable under special circumstances), and if a landlord tried to collect it, I’m sure I’d just pay up. Afterall, who wants to be in a fight with their landlord (the guy who’s going to give you recommendations for future leases, and who’s going to come fix the broken plumbing, etc etc) over something that you knew he was probably going to do? IMHO, it’s not worth the hastle, the time, or the potential negative payback that might come your way.
It all depends on how important this truly is to you.
I had a problem with this a few years ago. I worked nights and the landlord wanted to show the apt without notice. When i showed him the law, he backed way down. I’m sure he knew it but thought he’d get away with it.
We agreed to hours when I wouldn’t be there or at least not be sleeping.