Landlords and Property Managers

Are You Ready to Rent Your Unit?

Unit Safety

When you are renting a home to a tenant you are responsible for making sure that the unit is safe and up to code. The minimum standards are in the Bremerton Municipal Code’s City Building Code section.

This means that it must comply with, to name a few:

• Space and Occupancy Standards
  • This includes the minimum sizes for rooms, windows, and ventilation.
• Structural and Maintenance Standards
  • This includes foundations, roofs, chimneys, fireplaces, walls, and weather-tightness.
• Mechanical Standards
  • This refers to heating, ventilation, and electrical systems.
• Fire and Safety
  • This includes stairs, fire escapes, exits, and guardrails.
• Security
  • This refers to entry doors, windows, and observation points.

Maintenance and Landscaping

It is your responsibility to maintain your unit and make sure the landscaping and exterior of the property are presentable and contributing to the neighborhood. Garbage, even if it isn’t yours, cannot be allowed to accumulate outside the home. Some other examples of problems you must fix if they are present on your rental property are junk vehicles, graffiti, nuisance vegetation, dilapidated fences, or unsafe structures. See a brochure with more details here Version Options Landlords and Property Managers Headline. If your property is in violation of these requirements, you could be fined, even if your tenant caused the issue.

Landlord License

Anyone renting or leasing real property inside Bremerton city limits is required to obtain a general business license, as provided in Bremerton Municipal Code (BMC) 3.48.025 by filling out a Landlord Business License Application (PDF). A Landlord License fee is $75. Not sure if you live in the city of Bremerton? Visit Kitsap County's Parcel Search to determine if you live within city limits.

Additionally, BMC 5.06 (effective January 1, 2014) requires landlords to provide the city with a complete listing of all rental properties inside Bremerton city limits. The list along with and an email address or other acceptable method of contact must be provided to the Bremerton Police Department for participation in the Landlord Notification Program (PDF).

Landlords must also sign a declaration that all dwelling units comply with Revised Code of Washington (RCW) 59.18.060 of the Landlord Tenant Act and do not present conditions that endanger or impair the health or safety of the tenants.

This includes a duty on you as the Landlord to provide smoke detection devices in your rental units. You must also provide written notice to all tenants disclosing fire safety and protection information. The notice must inform the tenant of the tenant’s responsibility to maintain the smoke detection device in proper operating condition. See RCW 59.18.060(12)(a). 

This also includes a duty on you as the Landlord to provide your tenants with information provided or approved by the Washington State department of health about the health hazards associated with exposure to indoor mold.  See RCW59.18.060(13).  Also see Washington Department of Health.

The Landlord Checklist (PDF) should be used as a guide for determining that the dwelling units meet the minimum standards of the Landlord Tenant Act. 

Relocation Assistance: If code enforcement notifies you it is unlawful to occupy the unit due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, you should not rent the unit out until the conditions are corrected.  If you violate this, you may be required to pay your tenant three times their monthly rent or up to three times their actual damages, whichever is greater, plus their reasonable attorney’s fees and costs.  See RCW 59.18.085.  

You may renew and make changes to your landlord licenses online. To do so, please visit the Landlord License Online Center website.

For more information, please contact the Tax & License Division:

Email
Mailing: 345 6th St., Suite 100
Bremerton, WA 98337
Ph: 360-473-5311

Finding a Tenant

In addition to ensuring your unit is safe and to code, you also need to know about the rules of marketing and leasing your unit. Fair housing regulations apply to advertising as well as accepting tenants with housing subsidies, disabilities and criminal records.

For more information, please see the Federal Fair Housing Act or the Washington State Fair Housing.

The following are protected classes in housing in Washington State:

• Race
• Color
• National Origin
• Creed
• Sex
• Sexual Orientation/Gender Identity Veteran/Military Status
• Disability
• Marital Status
• Familial Status (families with children under the age of 18, or who are expecting a child)
• Section 8 voucher holders

A prospective landlord may not take an adverse action based on a prospective tenant’s nonpayment of rent that occurred between March 1, 2020 and December 31, 2021.   

A landlord or prospective landlord may not deny, discourage application for, or otherwise make unavailable any rental dwelling unit based on the tenant’s or prospective tenant’s medical history including, but not limited to, the tenant’s or prospective tenant’s prior or current exposure or infection to the COVID-19 virus. 

It is also unlawful to retaliate against any individual who files or participates in a housing discrimination complaint. Please view the Washington State Human Rights Commission Brochure for more information about prohibited actions based on protected classes.

Prior to obtaining any information about a prospective tenant, the prospective landlord shall notify the prospective tenant in writing, or by posting of the types of information that will be accessed to conduct the tenant screening and what criteria may result in denial of the application. You must give written notice of an adverse action to the prospective tenant that states the reasons for the adverse action. See RCW 59.18.257. 

Moving a Tenant In

Once you select a tenant, make sure you understand the rules about charging deposits and move-in fees and regarding pets and service animals.

Deposits

• The rental agreement should be in writing. It must state what the deposit is for and what the tenant must do in order to get it.
• The tenant must be given a written receipt for the deposit.
• No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises, is provided by the landlord to the tenant at the start of the tenancy.
• The tenant must be informed in writing where the landlord has placed the deposit.
• When the tenant moves out of the rental unit, the landlord has 21 days to return the deposit. If the landlord decides to keep all or part of the deposit unless the lease agreement states a shorter time, he/she must explain why.

If you take a security/damage deposit, you MUST prepare a move-in checklist detailing the condition of your rental unit. The checklist should be specific and must be signed and dated by both you and the tenant. This is the list you will return to at move-out to see if any damage has been done to the unit other than normal wear-and-tear so it is in your best interest to make sure it is thorough and accurate.

If the tenant makes the request in writing, and if the fees exceed 25% of the first full month’s rent, you must allow the tenant to pay any deposits, nonrefundable fees, and last month’s rent in installments. See RCW 59.18.610.  

Pets vs Assistance Animals

It is required to allow residents to live with assistance animals that meet their disability-related needs. Assistance animals are not pets. A person with a disability uses an assistance animal as an aid, similar to the use of a cane, crutches or wheelchair. Fair housing laws require that assistance animals be permitted in all units despite “no pets” rules. You also may not charge tenants extra fees, deposits or cleaning charges for having assistance animals. Tenants with  assistance animals are still required to follow all pet-related rules and guidelines, and must observe leash laws, waste disposal laws, and noise policies.

An assistance animal may be a service dog trained to do work or perform tasks for the benefit of the individual with a disability or an emotional support animal that provides comfort to help relieve a symptom or effect of a person’s disability.  

See HUD's Assistance Animals webpage for more information.  

The Relationship Between You and the Tenant

Repairs

If you receive a repair request from your tenant, you should keep a copy for your records.

Landlords are required to start repairs within a certain amount of time from the tenant's written request. 

• Within 24 hours if the water, electricity, or heat in the winter is off or if the repair is causing a life-threatening issue.
• Within 72 hours if there is a broken refrigerator, oven, stove or a major plumbing issue, like the sink or bathtub.
• Within 10 days for any other repair request.

Be responsive when your tenant reaches out with a repair request.  Consider how you would appreciate a swift and comprehensive response if you were the renter. Sometimes, this helps with understanding your tenant's perspective particularly when the repair need can cause inconvenience and stress. Failure to respond may give your tenant legal remedies you may not like or result in a City inspector visiting your unit and issuing a notice of violation.    

Tenant Privacy

State law details tenants’ rights to privacy and notice requirements for landlords to enter rental units. Except in the case of emergency or if it is impracticable to do so, landlords must give forty-eight hours written notice to enter the unit, or twenty-four hours’ notice if they are showing the unit to a new prospective tenant or purchaser. The written notice must specify exact dates and time for entry, or specify a time period, listing the earliest and latest possible times for entry on designated dates. The notice must contain a telephone number for the tenant to reach the landlord in order to object or reschedule the entry. They can only enter at reasonable times and they cannot abuse their right of access or use it to harass the tenant. The law does not specifically define reasonable times. If the landlord’s proposed notice times don’t work for the tenant, they may decide to offer alternate times that the property is available for inspection. If the unit is up for sale, there may be a lockbox placed on the unit to allow access, but all privacy laws apply to potential purchasers and real estate agents entering the unit.

Reasonable Accommodation Requests and Reasonable Modification

If a tenant has a disability, they can ask for a reasonable accommodation or reasonable modification.

An accommodation is a change in rules, policies, practices, or services to allow the tenant the equal opportunity to use and enjoy a dwelling. An example of reasonable accommodation is to make an exception in a parking policy so a person in a wheelchair can have a spot closest to their unit.

A modification allows the tenant to make changes to the property which they need to make the property accessible. The tenant is responsible for paying for reasonable modifications unless you receive federal funds. An example of a reasonable modification is a tenant asking permission to widen the bathroom doorway beyond what the building code requires because they use a large scooter.

Moving a Tenant Out

Abandonment

Click here Version Options Landlords and Property Managers Headline for the state law that applies if your tenant abandons the unit.

Eviction

The only lawful way to evict a tenant is through a process called an 'unlawful detainer' which is an eviction law suit filed in superior court. Evicting a tenant using an unlawful detainer action is a legal process that requires a court's involvement. It is ill-advised to proceed without legal representation as there are complex, technical, and procedural details involved. If you make even a small mistake, it can affect the outcome. You should retain an attorney who specializes in landlord-tenant law in Washington. 

Washington’s Residential Landlord Tenant Act ( the RLTA), found at RCW 59.18 was revised in 2021.  You can only terminate a month to month tenant for cause. See RCW 59.18.650.  

If you are seeking to collect rent that fell due between March 1, 2020 and six months following the expiration of the eviction moratorium (December 31, 2021) or the end of the public health emergency (October 31, 2022), whichever is greater, the landlord must offer the tenant a reasonable schedule for repayment of the unpaid rent that does not exceed monthly payments equal to one-third of the monthly rental charges during the period of accrued debt before issuing a fourteen day notice to pay or vacate.  Kitsap County Superior Court has adopted county specific rules for nonpayment of rent. See the Kitsap County Standing Order on the Eviction Resolution Pilot Program (ERPP).

When you issue a fourteen day notice to pay rent or vacate, you must also issue an ERPP notice. You must serve the fourteen day and ERPP notice on the tenant, on the Kitsap County Dispute Resolution Center (DRC) and on Kitsap Legal Services (KLS).  Your notice is not effective unless provided to all three. 

Any eviction process begins when you serve a notice to pay or a notice to comply If the tenant fails to pay or comply with the notice you have served, your next step is preparing a summons and complaint. An attorney will help you prepare a "summons and complaint" which must be served on the tenant and filed with the court. Ultimately, a judge decides at a 'show cause hearing' if you will be restored possession of the rental property and the tenant will be evicted. If a 'writ of restitution' is granted restoring possession back to you, and the tenant does not vacate voluntarily, a sheriff will move the tenant out of the property. Click here for state law RCW 59.12.30. Click here for state law RCW 59.18.063. You cannot change the locks or oust a tenant simply after the notice period has expired. That is illegal self-help that can result in you paying the tenant for your wrongful actions. You must wait for the writ of restitution to be processed by the sheriff before you can take possession of the property back.  

Returning a Deposit

When a tenant moves out:

• Within 21 days of the end of the rental agreement, you must return the deposit to the tenant or provide the tenant with a written statement explaining in detail why all or part of the money is being kept.
• The rental unit should be in the same condition as it was when the tenant moved minus reasonable wear and tear. Generally, wear and tear happens gradually over time from normal use whereas damage happens by accident or negligence.
• Remember that the checklist from the tenant's move-in is used to determine what is wear and tear and what is new damage. If you don't have a checklist signed by you and the tenant from move-in, you must return the full deposit.
• If you don't have a forwarding address for your tenant, you must use the last known address even if that happens to be your rental.

See the state laws on deposit returns. 

Resources for Landlords

• Federal Fair Housing Act
• Washington State Human Rights Commission Fair Housing
• Washington State Landlord-Tenant Act
• Rental Housing Association
• Bremerton Landlord Licensing
• What Requires a Permit in Bremerton
• Washington State Office of the Attorney General
• Rental Housing Association of WA
• Washington State Department of Commerce Landlord Damage Relief Program 
• Kitsap County Eviction Resources
• Washington Department of Health Mold Disclosures