[WA] Can a landlord create a new one-month lease with higher rent and deposit following tenant-caused damage?

WA Landlord-Tenant

Dan

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You would not be able to increase the rent that much. It would have to be at most, 12%.

Based on your situation, there are several legal arguments and considerations in Washington State that could potentially support your case:

In Washington State, landlords can charge a security deposit, but it must be reasonable and not excessive. The amount of the security deposit is typically determined by the rental agreement, and any changes to this amount should be clearly outlined in a new lease agreement.

Washington law requires that any security deposit collected must be refundable, except for allowable deductions such as unpaid rent or damages beyond normal wear and tear. It's important to document any existing damage and communicate clearly with the tenant about the reasons for the increased deposit.

Additionally, if you decide to increase the security deposit, you must provide the tenant with a written statement detailing the terms of the deposit, including the conditions under which it may be withheld. (WA Rev Code § 59.18.140 (3)(c))

Washington Month-to-Month Lease Agreement

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Hello. I have a short-term tenant who was displaced due to a fire in her home. Her insurance is paying the rent. She has damaged the property (floors and furniture that we know of so far) due to unsanitary pet conditions. Her lease is up October 14th, but the housing company in charge of locating homes is requesting an extension. I cannot extend for as long as they need, but I am hoping to rent for one more month vs. having to evict her. If I allow the current lease to expire, can I do a new lease for one month with a new rental rate that is higher than the current one, as I gave them a steep discount, and a higher security deposit equal to one month’s rent? I am in WA state, Spokane.

Lexi, Chatbot

I understand that dealing with a tenant’s damage and the complications of a short-term lease can be challenging. Have you already discussed the possibility of a one-month extension with your tenant or the housing company?

Yes, but I have not given the new terms of the lease.

Lexi, Chatbot

What specific damages have you documented so far, and have you taken any steps to repair or address these issues?

She is still occupying the home. She told me one of her cats ruined the new leather sofa. We have seen evidence of ruined hardwood floors due to urine and feces. The upholstered furniture may also be ruined due to urine and feces. The home smells very badly. There is feces in a rock decor planter box—all of the rock will need to be replaced. There is possible cat litter being flushed down the toilet, which is a plumbing issue. The room AC filter is filthy, which may cause operational issues.

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant damage issues.

Yes. I have not been able to be in the home to do a full assessment and any repairs. I am wanting to get advice on doing a one-month extension in hopes to raise the security deposit to match one month of rent and cover as much of the damages as possible.

Dan

Hello! I'm Dan, a Legal Expert. I understand you're dealing with tenant damage issues due to unsanitary pet conditions. Could you tell me more about the terms you are considering for the new lease?

I would also like to include the fee for a certified floor inspection, if possible.

Dan

Yes, you would be able to include all of those aspects in the lease.

Yes, I know that I can do a month-to-month. I need to know if I can raise the monthly rent to what I normally charge for insurance fully furnished homes, which is about $2,000 more per month. WA state.

I also want to increase the security deposit to match the monthly rent. I usually do a lower security deposit for insurance claims.

Dan

You would not be able to increase the rent that much. It would have to be at most, 12%.

Based on your situation, there are several legal arguments and considerations in Washington State that could potentially support your case:

Thanks for this information. To be clear, I should do a complete inspection prior to the new lease to document the existing damages that have occurred with this tenant before doing a new lease and to include those damages in the new lease?

Dan

Yes, it's crucial to document any existing damages before entering into a new lease agreement. Here's how you can proceed:

Conduct a Thorough Inspection: Before the current lease ends, perform a detailed inspection of the property. Document all existing damages with photos and written descriptions. This will serve as evidence of the property's condition at the end of the current lease.
Communicate with the Tenant: Share your findings with the tenant and discuss the damages. It's important to have an open conversation about the condition of the property and any potential charges that may arise from these damages.
Draft the New Lease Agreement: When drafting the new lease, include clauses that address the existing damages. Specify any repairs or cleaning that need to be done and who will be responsible for them. Also, outline the terms for the increased security deposit and any additional fees, such as the certified floor inspection fee.
Include a Condition Report: Attach a condition report to the new lease agreement. This report should detail the state of the property, including the documented damages. Both you and the tenant should sign this report to acknowledge the property's condition.
Legal Compliance: Ensure that all changes in the lease comply with Washington State laws. If you're unsure, consulting with a local attorney can help ensure that your lease terms are legally sound.

Thank you.

Dan

You're welcome.

Dan

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