State: WASHINGTON (Tacoma, Pierce County)
Facts:
-The Washington State Residential Landlord Tenant Act (RCW 59.18) became law in 1989.
-RCW 59.18.140 dictates: "Except for termination of tenancy, after thirty days written notice to each affected tenant, a new rule of tenancy including a change in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent."
-RCW 59.18 can be found in its entirety at: http://www.leg.wa.gov/rcw/index.cfm?fuseaction=chapter&chapter=59.18&RequestTimeout=500
-Lease in question specifies the term of rent being a "month-to-month tenancy."
-Addendum to lease in question changes the term of rent to "ending the 28 day of February 2006."
-Rental term began 12 March 2005.
Information:
I became concerned when I was reviewing my rental agreement which, from the beginning, has been a "year-long" lease. Basically, when I signed the lease, I signed the lease and the addendum, so I have never been paying on a month-to-month basis. My concern is with an item I found in the rental agreement that doesn't seem to be valid given the nature of the Residential Landlord Tenant Act, RCW 59.18.140, cited above. Item 15 of the rental agreement states:
"Tenant agrees that the Landlord may, upon thirty (30) days written notice, make such changes as deemed necessary to the rules and regulations stated herein, including increases or decreases in the amount of monthly rent. All other provisions of this agreement shall remain in full force and effect regardless of any change in rules, regulations or monthly rent."
To me, this implies that, upon thirty days written notice, the rules can change during the term of the lease, which is strictly prohibited under RCW 59.18, assuming the term of my lease is from March 12, 2005 to February 28, 2006. Of course, before the addendum to my contract, it would have been perfectly okay given that the term would end each month and changes could be assessed without issue.
Could anyone shed some light on this problem? I brought it up with the landlord, and all he said was, "You're wrong because a lawyer wrote this. Sorry." I wasn't very pleased with the answer, especially because I was just trying to bring up something I felt was inaccurate in the contract, something that could void the clause in question in accordance with the statute cited (RCW 59.18).
In the event that I am correct, should I request that my lease be modified? or inform the management that the clause is not enforceable? or...what? I want to ensure that my contract with the apartment management is completely accurate, valid, and lawful.
Thanks in advance for any advice you can give me. I appreciate it very much.
Facts:
-The Washington State Residential Landlord Tenant Act (RCW 59.18) became law in 1989.
-RCW 59.18.140 dictates: "Except for termination of tenancy, after thirty days written notice to each affected tenant, a new rule of tenancy including a change in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent."
-RCW 59.18 can be found in its entirety at: http://www.leg.wa.gov/rcw/index.cfm?fuseaction=chapter&chapter=59.18&RequestTimeout=500
-Lease in question specifies the term of rent being a "month-to-month tenancy."
-Addendum to lease in question changes the term of rent to "ending the 28 day of February 2006."
-Rental term began 12 March 2005.
Information:
I became concerned when I was reviewing my rental agreement which, from the beginning, has been a "year-long" lease. Basically, when I signed the lease, I signed the lease and the addendum, so I have never been paying on a month-to-month basis. My concern is with an item I found in the rental agreement that doesn't seem to be valid given the nature of the Residential Landlord Tenant Act, RCW 59.18.140, cited above. Item 15 of the rental agreement states:
"Tenant agrees that the Landlord may, upon thirty (30) days written notice, make such changes as deemed necessary to the rules and regulations stated herein, including increases or decreases in the amount of monthly rent. All other provisions of this agreement shall remain in full force and effect regardless of any change in rules, regulations or monthly rent."
To me, this implies that, upon thirty days written notice, the rules can change during the term of the lease, which is strictly prohibited under RCW 59.18, assuming the term of my lease is from March 12, 2005 to February 28, 2006. Of course, before the addendum to my contract, it would have been perfectly okay given that the term would end each month and changes could be assessed without issue.
Could anyone shed some light on this problem? I brought it up with the landlord, and all he said was, "You're wrong because a lawyer wrote this. Sorry." I wasn't very pleased with the answer, especially because I was just trying to bring up something I felt was inaccurate in the contract, something that could void the clause in question in accordance with the statute cited (RCW 59.18).
In the event that I am correct, should I request that my lease be modified? or inform the management that the clause is not enforceable? or...what? I want to ensure that my contract with the apartment management is completely accurate, valid, and lawful.
Thanks in advance for any advice you can give me. I appreciate it very much.