A Guide to Room Rental Agreements in the State of Washington

Overview of Room Rental Agreements

A room rental agreement is used when an owner/operator of a rental unit (or a tenant renting a space) rents out a room to a tenant (or another tenant). These are rental agreements between the landlord and tenant that apply specifically to room rentals.
Room rental agreements differ from standard lease agreements because (1) they allow the tenant to use only a room, without a private bathroom (unless otherwise agreed); (2) they allow the use of common areas of the unit such as the kitchen and the bathroom, and (3) they impose requirements on the tenant to clean the common areas of the unit.
Washington has a specific statute applying only to room rental agreements, RCW 59.18.595. Under RCW 59.18 . 595, the Washington landlord-tenant act applies to these agreements, unless specifically stated otherwise in the statutory section. The statute applies specifically to the cleaning of common areas and the cleaning requirements that may be imposed by the landlord on the tenant.
Room rental agreements are unique rental agreements under Washington state law. Its special provisions were intended to protect both the landlord and the tenant. They help the tenant by clarifying the rights of the tenant and the landlord, while helping the landlord by ensuring that use of the unit is not switched from a room rental agreement to a lease agreement, thereby protecting the landlord against any potential loss or harm.

The Key Components of a Room Rental Agreement in the State of Washington

When entering into a room rental agreement in Washington State, it is fundamental to understand the key components that such an agreement should contain. From our law firm’s experience, a well-crafted room rental agreement in the state of Washington will typically contain the following critical elements:
The Tenants
The room rental agreement should clearly identify the parties. This means identifying a tenant or tenants and then identifying the landlord and/or property management company. It should clearly indicate who is who. This sounds obvious, but it is not uncommon for various tenants in a property to have different legal names even though they are the same persons. As an example, someone may go by a nickname or a married name, but their legal name is something different.
The Agreement
This section will include the following key elements: (i) amount of rent; (ii) term; and (iii) payment date. Firstly, the agreement should clearly spell out the amount of the rent being charged. Additionally, it should clearly identify the due date for the rent (i.e. first of the month, etc.). A further sub-point to this topic is whether the rent is due on the first day of the month or can be paid any date during the month? For example, suppose a tenant’s rent is due on the first of the month. In the event the tenant does not pay the rent until the second, would they owe any late fees or penalties? A related problem arises if the rent is due on the first of the month, but the agreement allows a tenant to pay on any date during the month, when in fact the landlord may have to pay the mortgage payment for the month on the first. This is because the mortgage payment is typically due on the first of the month, leaving the landlord scrambling to find the money quickly or late fees may result.
The Term
The term is the duration of the agreement. Common room rental agreements in WA are made for a term of 12 months, 6 months or month-to-month. In addition to the term, the agreement should clearly indicate whether is periodic agreement (month-to-month). If the agreement has no definite term, it is a periodic tenancy. In WA, this means that either the tenant or the landlord can terminate the tenancy by providing a proper termination notice that is symmetric to the length of the term. For example, if the rent is paid weekly, the termination notice is 7 days; monthly – 20 days; and annually – 20 days.
Rules and Agreements
Beyond identification of tenants, rent, term, and payment terms, the room rental agreement should also clarify the agree wage rules/in-house policies. These are the rules which govern the use of common areas (if any) and access to facilities. For example, can a tenant ever have guests or a party? Can tenants smoke in common areas? Are drugs in common areas allowed? Can tenants have pets?

Legal Requirements for Room Rental Agreements in the State of Washington

To make a room rental agreement enforceable in Washington State, you must comply with all other legal requirements. Washington’s Residential Landlord Tenant Act (RCW 59.18) applies to the room rental agreement unless the room rental agreement is exempt from the Act (A complete list of exemptions is provided in RCW 59.18.040. In general, these exemptions are for owners of up to four rental units and owners of recreational, timeshare and similar units). While not exhaustive, some of the more common requirements of the Act include:
• The owner must provide the tenant with a copy of the rental agreement at the time the agreement is signed. In addition, the owner must give the tenant a copy when the tenant moves into the apartment if the original rental agreement did not include a written term of the tenant’s occupancy.
• If the room rental agreement imposes a fee if the tenant fails to pay the rent, the agreement must contain a 5 day grace period to pay the rent before the fee can be charged.
• If the tenant is required to pay for the utilities, the rental agreement must contain the name and address of the utility.
• The rental agreement must contain the following disclosures: (9) notices to the tenant of the right to request a written receipt each time he or she pays rent in cash or by money order, the right to request at the time of tenancy termination, an accounting of any money withheld from a security deposit, the right to a written notice of inspection of the rental unit by the landlord, the right to request a safety and structural inspection of the rental unit, the right to request information regarding the status of the landlord’s mortgage, a disclosure of the owner’s duty to make repairs, the right to request the name and address of any person authorized to receive legal notices for the landlord, a notice of right of the tenant to make repairs or to deduct the cost of certain repairs from the rent, the right of the tenant to pay any delinquent utility bill of the owner after giving notice to the owner and serving a copy of the notice upon the utility company under RCW 59.18.100, the right of the tenant to place rafters after notifying the person or persons having legal control of the property of a violation of a prohibited use of the premises under RCW 59.18.390, and a verification of the owner’s compliance with the registration of rental units under chapter 35.82 RCW; (10) a notice of the opportunity to provide information regarding lead-based paint exposure if the unit was built prior to 1978; and (11) notice of the right to request notification as to the sale of the property under section 11 of this act.
• If the owner provides a copy of the rental agreement to the tenant at any time after signing, the owner must give the tenant a credit of $25 towards the rent due from the tenant.
Choose appropriate disclosures to include in the room rental agreement and avoid too many – you don’t want the required disclosures to be lost amongst other disclosures or the terms of the room rental agreement.

Helpful Tips on How to Write a Room Rental Agreement

Room rental agreements are typically simple in nature, but there are some valuable tips that might come in handy when drafting your agreement. Take the time to draft clear and concise terms and conditions that also cover potential areas of dispute. While the goal is for you and the person renting the room to get along, things happen, and it’s better if the room rental agreement identifies the specific rights and responsibilities of each party. If the parties agree to have a guest stay over, for example, they should decide how long the guest will be permitted to stay and whether there will be an additional charge for the guest. Is the tenant expected to participate in household chores? Under what circumstances may the landlord terminate the rental agreement, and how much advance notice is required for both parties? Once the terms and conditions are decided, make sure you accurately represent them in writing for easy reference in the future. Depending on how often the room rental agreement is used, you may want to start with a sample rental agreement and then make modifications as necessary. Alternatively, if your agreement is for a room rental that will be renewed every year, you may want to consider hiring an attorney to draft the agreement so there are no mistakes or omissions. An improperly written or vague rental agreement could result in a dispute, and you want to do everything in your power to prevent this from happening. If you need to locate a room rental agreement template, consider visiting our free library of downloadable legal forms. If you’re a property owner who rents out rooms to tenants, lessen your liability and protect your legal rights by entering into clearly written room rental agreements.

Common Tenant and Landlord Rights and Responsibilities

The rights and responsibilities of landlords and tenants under a room rental agreement are, at base, governed by the terms of the contract. In Washington State, however, there are additional statutory obligations imposed on both parties to the contract and, depending upon who you ask, there may be even more legal obligations imposed upon landlords in a room rental agreement.
The scope of the Washington Residential Landlord-Tenant Act specifically excludes the following kinds of tenancies:
Under RCW 59.18.040, "An agreement is subject to the Uniform Commercial Code only to the extent that the agreement imposes obligations which are not governed by the law of landlord-tenant relations, including payments for nonoccupancy services."
The two statutes are distinct in scope and may apply to some aspects of the same room rental agreement. For example, some room rental agreements that are prepared by motels have occupancy provisions exempting them from the Washington Residential Landlord-Tenant Act as a "transient occupancy" while also containing terms of a room rental agreement that require adherence to the Washington Residential Landlord-Tenant in all other respects.
The distinction between a lease and a license may have more to do with how the room rental agreement is exercised than how it is designated in the agreement itself. Successful arguments may be made for both sides if the right facts are presented to a court.
Washington Residential Landlord-Tenant Act

1. Notice of Rent due (RCW 59.18.050.):

a. Must be in writing unless payment arrangements are agreed upon at the time of signing;
b. If rent is not tendered in full by the 5th of the month , notice shall be given on the 6th and payment must be made within 5 days of service of said notice to avoid late fees or penalties;
c. Notice must be given by first class mail or personal service.

2. Lead Paint Disclosure (RCW 59.18.255):

Requires disclosure regarding the existence of lead-based paint in every residential tenancy that pre-dates 1978. Most states, including Washington, have their own lead paint disclosure requirements.

3. Prompt Performance of Repairs (RCW 59.18.060-070):

Includes but is not limited to, generally:
a. Basic functioning of plumbing and electrical systems;
b. Heating;
c. Common area hallways, stairways, and approaches;
d. Exterior walls, roofs and ceilings; and
e. Doors and windows.

Right to Harvest Timber or Firewood (RCW 59.18.225)
Debt Collection Practices Preempted (RCW 59.18.045)
Prohibition of Anti-Discrimination Language (RCW 59.18.080)
Security Deposits (RCW 59.18.260).
Retaliation (RCW 59.18.410).
Smoke Detectors (RCW 59.18.100).
Security Deposit Interest (RCW 59.18.270).
Special Rules May Apply to Universities and Colleges, Mobile Home Parks, Net Leases, Retirement Facilities, Low-Income Housing, and Gambling Establishments.

Washington Farmers Landlord-Tenant Act

Right to Lease, Sale, Mortgaging, and Entry by Creditors (RCW 59.20.020, 30.20).
Agreement of Tenancy at Will (RCW 59.20.030).
Debt Collection Practices Preempted (RCW 59.20.045).
Prohibition of Anti-Discrimination Language (RCW 59.20.080).
Forfeiture (RCW 59.20.090).
Termination (RCW 59.20.110).
Recovery for Cost of Yielding Possession and Rent (RCW 59.20.120).
Security Deposit (RCW 59.20.130).
Farm and Landlord Services (RCW 59.20.140).

Most Common Room Rental Agreement Disputes and The Resolutions of Those Disputes

Common disputes arising from these types of agreements include issues of rent collection, maintenance, lease termination, and tenant privacy.
As with any rental agreement in the state of Washington, the rent must be at or above the current minimum wage rate as established by the state. If the agreed upon rent is not being transferred to the homeowner, then they are in violation of the rental agreement. To resolve the issue amicably, discuss it directly with the "manager" and remind them of the contract terms. If they are unwilling or unable to tell you where your money went, and should have gone, request that they provide you with a written account of how and where your money was spent or transferred.
Major issues that commonly arise from room rental agreements include rent drives, landlord responsibilities, and maintenance duties. The rental agreement should detail all of these matters, and a dispute that arises from other verbal or commonly accepted explanations of developing responsibilities is always a point in favor of the tenant. For example, if you are told that you are required to take out the trash every day only to find out through conversation that others do not take out any trash and that you are the only one responsible for this duty, the terms of your agreement were not met and you have some recourse. If the rental agreement says that the homeowner is responsible for major repairs, but has been unwilling to repair a broken dishwasher while other tenants do their laundry in the public bathtub, you are within your rights to notify them of the problem and ask if you can move into an open guest room until they can afford to buy a new dishwasher or fix the one that is broken.
The room rental agreement should state a specific term for tenancy. If you find yourself residing in their home beyond the designated period of time in the writing, they may be liable to provide compensation or credits for your inconvenience. If the home is available for lease, and you aren’t provided a certificate of termination, you may be able to stay indefinitely or be a house guest until they move out, and then assume your place if there is an open room.
A common point of dislike about room rentals is the loss of one’s privacy. It is quite common with my friends, when one of my friends moves in with a married couple, for them to complain about sharing their bathroom space and having to schedule their shower times around one another. This often leads to angry phone calls to the friend or guests that they have had over for unexpected parties. Other times, these issues can turn sour when tenants have guests that stay more than seven days, specifically when the homeowner profits off the extended stay without paying their rent.
In Washington State, if you are a roommate under these circumstances, you have all the rights of a traditional tenant. However, do not push the issue with a homeowner or other tenant. The lease could be terminated with only two days’ notice, and they may "have to evict". It is important that you know where your state and local resources are located so that you can avoid the angry phone call and still be a good housemate.

Room Rental Agreement Resources

Many local housing authorities provide general consumer information for tenants. In particular, the Seattle Office of Housing has a useful online resource center regarding rental housing. In that resource center, tenants can review the Residential Landlord-Tenant Act, find a sample room rental agreement, and locate an office to mediate a room rental or tenancy dispute.
On the other hand, social service agencies in many areas keep resource guides with a list of local landlords that will rent a room. Local agencies may also have a list of available housing resources such as tenant assistance programs, landlord programs, housing and financial counseling, and home health care agencies. In southwest Washington, for instance, tenants can call the Housing Hotline at 1-800-755-5437 or visit the website: Housing Help for SE WA.
Those looking for rooms can also check online websites such as Craigslist.org. For example , in the Seattle area, Craigslist’s "room/share" rentals section lists over 300 individual rooms for rent in the Seattle area. Similarly, in the Spokane area, more than 20 listings are listed for rooms for rent on Craigslist. Of course, caution should be taken when using such websites, as some listings may be scams.
Employees of local area agencies can assist individuals in locating housing options including available rental listings. Social service agencies commonly have staff that keeps up with local resources available to both tenants and landlords. In addition, certain types of local employer hotlines may assign case workers to help in the search for housing.
A few local real estate offices also specialize in room rental properties. In the past, such real estate offices used yard signs to advertise availability of rooms they were managing in multi-family homes.