Navigating Room Rental Agreement Basics for Washington State

Room Rental Agreement Definition

Understanding Washington State Room Rental Agreement Essentials
Under the Washington State Residential Landlord-Tenant Act, RCW 59.18.060, drug and alcohol testing agreements are invalid and unenforceable. A room rental agreement is a rental agreement for a room in a rooming house, in whole or in part, wherein the lessor does not provide cooking facilities for the exclusive use of the tenant. These Rental Agreements set out the specific terms for living in a rooming house such as rent, utilities, and common areas. It includes all of the Floor Plans of the complete structure , which is often not fully rented out and includes common areas. Tenants in a rooming house usually only have a room and share kitchen and laundry facilities. These rental agreements provide rooming house tenants with written documentation of the rental agreement so there is no dispute as to what the terms actually are. They also spell out the responsibility of the tenants and owners thereof. By spelling out the rights of landlords and tenants, they help both parties stay in legal compliance to avoid having to go to court.
Many landlords refuse to honor written room rental agreements and often get the tenant to sign a lease even when it is not legal for the tenant to do so. Why? Because they hope that the tenant will not have the leased space inspected for basic violations of health codes or unsafe conditions. Room rental agreements are usually much easier to enforce than leases.

Major Components of a Washington State Room Rental Agreement

A simple room rental agreement should include the following information:
Names of the Parties
Each room rental agreement should list the full name of the landlord and tenant (roommate). The form should state what type of living arrangement is being rented such as room and board or a unit in a multi-family residence. It should also identify which room will be occupied by the tenant.
Description of the Rented Space
Room rental agreements should clearly state if the tenant will occupy the entire room or if they will merely have an exclusive right to occupy part of it. Include additional details about what is included with the room, such as whether a bathroom or kitchenette will be shared with other tenants.
Rental Term
The duration of the rental agreement should be stated. Will it be month-to-month, be a week-to-week lease, or will it be for a specific period? You must also include the rent payment due date, which for most Washington rental agreements, is on the first day of the month.
Payment Details
The room rental agreement should clearly state the rent amount, security deposit, and other payment details. Is the rent paid with cash, check, or money order? Does the rent include utilities? Which utilities are included? Chances are that the water is one of them. The agreement should clearly state who pays each utility and make sure that it states if a fee will be paid to the landlord for providing the utility. For example, some landlords charge tenants a $50 per month fee to cover a shared cable television package.
House Rules
The room rental agreement should clearly state any rules that the tenant is to abide by. For example, does the landlord prohibit smoking, drinking, or gambling in the communal areas of the residence? Perhaps the tenant is required to perform certain chores or housework. Additionally, if pets are permitted on the premises, the room rental agreement should state how many pets that each tenant can have and what types are allowed.
Room rental agreements must contain several basic elements. These elements not only help guide the tenant in their new residence but safeguard both parties involved with the room rental agreement from potential liability.

Legal Requirements and How to Remain Compliant

For room rentals in Washington State, there are several important legal requirements that you, as a landlord, must be aware of. While the document you create may simply be titled a "Room Agreement," it is considered a room rental agreement by the State of Washington. As such, you will need to comply with certain laws applicable to rental situations.
A written room rental agreement is required for any term greater than one week, such as a month or longer. You must provide a copy to the tenant within 14 days of when both parties’ signatures are obtained. Both parties (landlord and resident) must sign the room rental agreement. Because there will be necessary disclosures and possible fees/charges (security deposits, pet deposits, and other deposits), you can’t simply prepare an agreement that says agreed-upon terms and leave the disclosure and fee information to hand or email to the resident later. You must provide them with a complete agreement with all disclosures, etc. before they sign.
There is no set amount that you can charge for a security deposit. It should be enough to protect against potential loss/damage or unpaid rent, but not so high that it would be prohibited by the rental agreement. A $600 security deposit would be reasonable for a 6-month rental; however, a security of more than half of the total rental amount for a year would not be advisable. If your total rent for the year is $500 per month, then a security deposit of $500 would be reasonable. However, a $3,000 security deposit for one bedroom $500 per month would not be reasonable, since that would be the total amount for the entire 6 months of the rental. Note that the lender’s loan documents (also known as the deed of trust) may specify the maximum amount of a security deposit, if any at all.
If the room rental is subject to the LWTCA (Landlord-Tenant-Wage Claim Act), you cannot charge a security deposit. However, you may charge an application fee and a cleaning fee.
It is crucial that a checklist be used to ensure a comprehensive record of the condition of the rental unit at the commencement of the occupancy. This is critical to liability exposure.
You must provide the following disclosures to the resident: As a general rule, the landlord is not required to permit pets, but if you agree to allow a pet, you can require the resident to pay a pet deposit or pet fee. We do not recommend that the total pet fee be more than $500. The resident may not be required to get rid of a pet due to a change in policy; however, unlawful pet retaliation is a defense to unlawful discrimination action only. However, denial of a service animal is a fair housing issue.
The lease must be signed by an authorized individual (generally, the landlord or the property manager). From a legal risk perspective, it is recommended that the person signing the lease have authority to bind the landlord to the terms of the lease.

Preparing a Room Rental Agreement

Unlike a lease agreement, room rental agreements are not required to be in writing. However, the best practice is to have the agreement in writing to eliminate any confusion later on. The Washington Residential Landlord Tenant Act does not address issues specific to room rental agreements, so many times landlords will use a residential lease agreement as a starting point for a room rental agreement. Below are some of the more common provisions a landlord should include when drafting a room rental agreement:
Deposit: A room rental agreement under RCW 59.18 does not require a security deposit. However, a landlord may still want a security deposit to cover damage to common areas and the rental unit. The maximum amount a landlord can collect from a tenant as a security deposit is the same as it is for a lease agreement, first and last month’s rent plus a security deposit. The landlord must put any security deposit money or a prepaid cleaning fee into a segregated account, the landlord must return the deposit within twenty-one days after move out, and must provide an inventory of how the deposit was spent to repair or replace damaged items within two weeks.
Notice of Intent to Vacate: Tenants under a room rental agreement have a thirty-day notice requirement to terminate a tenancy. If a tenant fails to provide thirty days’ notice prior to moving , the landlord can deduct the last month’s rent from the tenant’s security deposit.
Rental Amount: A room rental agreement can increase the amount of rent with thirty days’ prior written notice. Once every twelve months the rental amount may be increased with written notice as provided in a lease agreement.
Guests: Restricting the number of guests in a rental unit is ideal for a room rental agreement. If the agreement does not limit the number of guests, the landlord may need to consider whether an unapproved person living in the unit may be considered a tenant and meaning the landlord could need to go through the eviction process.
Room Check List: A condition check list used when the tenant moves into the rental unit should be used to document the condition of the unit at the time of move in. The check list should be signed by both the landlord and tenant and reused at time of move out. Since landlords can keep the security deposit if damages are incurred beyond normal wear and tear, it is a good idea to document the condition of the unit before the tenant moves in.
Term of Room Rental Agreement: The term of an agreement is at the discretion of the landlord. A room rental agreement can be for any term, including month to month, week to week, or even hourly stays. A designated term for the agreement allows the landlord to plan accordingly without relying on an indefinite end date.
This is not a comprehensive list of considerations for drafting a room rental agreement and landlords should consult legal counsel for issues not addressed in this blog.

Common Challenges for Landlords and Tenants

Common issues for room rental agreements can include disputes over the amount of rent due, security deposits, and responsibilities for damages to the property. These issues can often lead to landlord-tenant disputes that are costly and time-consuming to resolve.
To avoid disputes over rent, it is highly recommended that the terms of payment be clearly defined in the rental agreement. This includes specifying the exact amount of rent due, when it is due, and the acceptable methods of payment. Providing multiple payment options can also help to avoid costly disputes.
For security deposits, it is important for both the landlord and tenant to understand their rights and responsibilities as outlined in the Washington State Residential Landlord-Tenant Act. This includes providing a written statement detailing the conditions under which the deposit can be withheld, as well as the timeline for returning the deposit after the lease is terminated. It is also important for the landlord to provide a receipt for the security deposit.
Disputes over damages can often be avoided by conducting a thorough walk-through of the property both before the tenant moves in and after they move out. It is also important to document any damages in a written statement that is agreed upon and signed by both parties. This can help to avoid disputes over the amount of damages that were caused during the tenancy.
If disputes do arise despite taking these precautions, there are resources available to both landlords and tenants to help resolve them. This includes seeking mediation services and understanding the legal requirements for serving eviction notices, if necessary.

Additional Resources for Landlords and Tenants

Some landlords rent out rooms or units in a rooming house. If you’re a landlord renting out rooms in a rooming house, each person who rents a room is considered a roomer. Different rules and legal issues apply to roomers you rent to than those you rent to in other situations.
You can also rent a room in your home or another dwelling (such as a house or apartment) without being a rooming house.
Visit Legal Aid’s Washington State Room Rental Agreement Essentials for information on rooming houses, these Agreements , and tenant rights and responsibilities as well as landlord obligations and rights in Washington.
Legal Aid Washington:
This page includes information about what is a rooming house in Washington, how much notice a landlord must give before increasing the rent in a rooming house, and how to write a room rental agreement. It also gives links to other information page that may be useful to a landlord dealing with a rooming house, including general information about the landlord-tenant Relationship and how to get a Landlord-Tenant Law notice to ending tenancy.
Washington State Department of Enterprise Services:
This site offers a sample room rental agreement, payment receipt and notice to tenant.