Tenant rights in WA

Submitted by Mediocre_Yellow4035 t3_117rwvj in Washington

I’ve been living in my current apartment for a year. My lease is up at the end of February. I am going “month-to-month” just for March, until the new house it ready for move in.

In my original lease agreement, it states that $200 will be added onto the monthly rent of $1395 in the event of going month to month.

I checked the payment portal today and they are charging me the $200, which I agreed to, but they also increased the rent from $1395 to $1445. I asked the landlord about this, since the original lease explicitly states $1395, plus $200. She says they gave us a 60 day notice of rent increase back in December. The document she’s talking about was a “notice of lease renewal” which says the what the terms would be if we chose to renew. So can they charge me this extra money? I don’t want to be ignorant and pay more just bc I don’t know what the laws are. So here I am haha

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oldirishfart t1_j9dxx82 wrote

As I read it, the lease automatically renews, so you are not out of your lease and simply going month to month like normal, it seems carefully worded such that you now have a 1 month lease which is in effect and you received proper 60 day written notice of the increase.

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newgoof29 t1_j9frd4i wrote

This is correct interpretation. Lots of bad advice from people here OP.

Automatic renewal is common practice.

You agreed to the auto renewal when you signed your fixed lease.

You did not end the fixed term lease in writing before the end so it auto renews to month to month.

The notice was given for future renewals base rent. The automatic renewal to month to month is a renewal (check the wording, it is called a renewal).

The notice was given 60 days before 01MAR- the first month of your renewed month to month agreement.

Rent increase on your month to month is almost certainly binding.

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PurpleDiCaprio t1_j9di4pu wrote

The lease specifically says that when/if you go month to month, it will be $200 added to the rent indicated in section 1.3.

I agree with you. You did not agree to lease renewal so your original lease stands.

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newgoof29 t1_j9flyu9 wrote

That’s not what the lease states. It states an automatic renewal into a month to month agreement. This does not require additional approval of either party to be valid since it was agreed upon by both parties when signing the fixed term lease agreement it is contained in.

The rent amount they are contesting is not within the original lease, the fixed term. It’s in the renewed month to month agreement. Which the terms can be can change each month, as long as the landlord provides proper notice. Which they did (December for March).

I’m a WA landlord.

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PurpleDiCaprio t1_j9hf34f wrote

I see what you mean. Wouldn’t you say they need to be specific though? They stated the rent increase was for 12 month renewal. Not month to month.

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newgoof29 t1_j9hp3vc wrote

Great question. Without seeing the exact wording it’s impossible to know.

My guess is that they use the term “base rent” or something like that. They could argue that regardless if the renewal is the automatic to month to month or if there was a renewal of a fixed lease the notice meets the base rent 60 days notice criteria regardless.

The challenge here is that OP would most likely have to take them to court to contest without a strong sense of if they would win or not, which risks even more in legal / lawyer fees if they loose.

Grey star is a massive company with lots of properties in WA. The chances of them not wording things in a way that doesn’t benefit them is unlikely.

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Mediocre_Yellow4035 OP t1_j9dlsb8 wrote

Right? That’s what I think! The original lease should be more applicable than the potential new lease I never signed.

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newgoof29 t1_j9ff3b8 wrote

WA landlord here. A coupe separate topics possibly happening at once:

It is legal and common for fixed time leases to automatically convert to month to month agreements at the end of the fixed lease if neither party ends the agreement. This is actually in a way to protect tenants from finding themselves out of a lease at the end. You don’t have to sign a new month to month lease agreement for it to be valid since you signed the fixed term agreement which contains the clause. And often the month to month is more expensive then the fixed lease, this is also normal and legal since it’s spelled out in your fixed lease agreement.

Raising the base rent. Since you automatically convert to the month to month at the end of your lease, the landlord can raise your month to month rent at the start of any month as long as they give 60 days notice if it’s in the city of Tacoma boundary. If it’s not in city of Tacoma proper it’s 30 days. If they gave you notice 60 days before the rent went up and it’s after the fixed term lease ended, that’s all that’s required to make it legal.

You don’t have to agree with the rent change for it to be legal - but your only two options in a month to month where proper notice has been given is: accept it by not canceling the month to month in writing. Or reject it by canceling the month to month in writing and move out before the end of the next month basically. Up to you!

The notice you received said that it was the new base rent for any lease renewals. The month to month clause is considered an automatic renewal. Therefore, the rent increase does apply. And they gave you 60 days notice. It is valid.

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az226 t1_j9efuyi wrote

Your initial agreement could be extended in a month to month fashion. At the original rent plus $200. Should your landlord want to increase the month to month rent, they need to give 60 days notice. The new rent for renewal notice doesn’t matter because that’s a separate issue.

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newgoof29 t1_j9fl84h wrote

That’s not correct. First, you said “could be” but in reality is IS automatically renewed unless either party cancels in writing at least 20 days (tenant) or 60 days (landlord).

The notice was for price increases for future renewals. The automatic conversion of the fixed lease to a month to month lease is considered an “automatic renewal” - as stated in the clause shown by OP. The notice of rent increase would apply to the month to month automatic renewal.

It is valid. I’m not saying it’s not shitty, but according to RCW and CoT law it is.

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doktorhladnjak t1_j9dj606 wrote

It sounds like your landlord is wrong. Are you going to fight her over $50 if you're only staying one more month? I probably would by not using that electronic portal and instead paying the agreed upon amount of $1395 + $200 by check.

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Mediocre_Yellow4035 OP t1_j9dlo8e wrote

I guess I’m not sure if it’s worth fighting. I wonder what could happen if I just pay what I originally agreed to and nothing more. Will they just keep my whole deposit for not paying it? (I mean, they probably will regardless)

I feel like this is something landlords sneakily do and a lot of people never question it. Thank you for your response. At the very least I feel validated!

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PurpleDiCaprio t1_j9ds68f wrote

Personally, I think worth fighting. If not for you, then to help that landlord understand so they don’t do it to someone else. It’s possible they know exactly what they’re doing, it’s also possible they don’t.

Plus $50 is like a weeks worth of lunch.

They can’t keep the whole deposit if you don’t pay. They have to show exactly why they are withholding it. Request a move out walkthrough AND take video of the entire place so when they do send your deposit back, you agree with what they are withholding and for what.

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ShotgunFelatio t1_j9eo7a4 wrote

“As of November 9, 2021, all housing cost increase notices must provide a minimum of 180 days' advance written notice.”

My old building gave everyone a 1 month notice of a 40% rent increase ON November 9, 2021. I called the city, a lawyer, and the news. When that wasn’t going anywhere, I made and taped signs all over the building with a snapshot of this very webpage. A week later the in the hallway, I saw the property manager had taped another letter on everyone’s door stating our rent wouldn’t be increasing. Felt like a massive victory. I had the advantage of anonymity and hope you do too. Best of luck to you and keep us updated.

https://www.seattle.gov/rentinginseattle/housing-providers/managing-the-rental-relationship/housing-cost-increases

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newgoof29 t1_j9gl077 wrote

This is for City of Seattle rentals. OP is in Tacoma.

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LowRepresentative142 t1_j9dzyqy wrote

My apartment had the same criteria the logic is you either sign a new lease binding you for another 12 months OR go month to month pay a fee and stay on your original rent price. And this is greystar so they big time thieves so in a nutshell your landlord is a bigger one lol.

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Warvanov t1_j9enpe4 wrote

It might depend on the exact wording of the letter, but it sounds like they gave you 60 days notice of an increase in your rent. Usually that sort of letter includes a statement that if you choose not to renew, they will charge the new rate plus the month to month fee. They can do that without you signing a new lease at the higher price.

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[deleted] t1_j9g1hqt wrote

Terrible.

I’m sorry this is happening to you.

Basic necessities should not be commoditized like this.

Not sustainable.

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Jaded-Environment-95 t1_j9gf7jm wrote

If it a big property management company don’t fight it. Not worth all the potential problems that could result. They could even turn it in to credit companies giving your credit a ding for unpaid debt. And that takes years to drop off credit history.

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