Chapter 8.55
NOTICE OF RENT INCREASE

Section:

8.55.010    Definitions.

8.55.020    Regulations.

8.55.030    Provisions in violation of restrictions null and void.

8.55.040    Rental agreement that waives tenant’s remedies prohibited – Exception.

8.55.010 Definitions.

A. “Landlord” means a landlord as defined in and within the scope of RCW 59.18.030 and 59.18.040 of the Residential Landlord-Tenant Act of 1973 (RLTA) in effect at the time the rental agreement is executed. At the time of passage of the ordinance codified in this chapter, RLTA defined landlord as “the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part,” and included any person designated as representative of the landlord, including, but not limited to, an agent, a resident manager, or a designated property manager.

B. “Rental agreement” means a rental agreement as defined in and within the scope of RCW 59.18.030 and 59.18.040 of the RLTA in effect at the time the rental agreement is executed. At the time of the passage of the ordinance codified in this chapter, the RLTA defined rental agreement as “all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.”

C. “Rental unit” means a residential dwelling unit as defined in KMC 18.20.810, occupied or rented by a tenant.

D. “Tenant” means a tenant as defined in and within the scope of RCW 59.18.030 and 59.18.040 of the RLTA in effect at the time the rental agreement is executed. At the time of passage of the ordinance codified in this chapter, the RLTA defined “tenant” as “any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.” [Ord. 19-0484 § 2 (Exh. A).]

8.55.020 Regulations.

For any rental agreement or renewal of a rental agreement for a residential rental unit in the City of Kenmore entered into after September 1, 2019, the landlord shall include or shall be deemed to include a provision requiring a minimum of 90 days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant are to increase by 10 percent or more over the periodic or monthly rental rate charged the same tenant for the same rental unit and same services for any period or month during the preceding 12-month period. [Ord. 19-0484 § 2 (Exh. A).]

8.55.030 Provisions in violation of restrictions null and void.

Any provisions in violation of KMC 8.55.020 in a rental agreement are null and void and of no lawful force and effect. [Ord. 19-0484 § 2 (Exh. A).]

8.55.040 Rental agreement that waives tenant’s remedies prohibited – Exception.

A. No rental agreement, whether oral or written, may provide that the tenant waives or foregoes rights or remedies under this chapter, except as provided by subsection B of this section.

B. A landlord and tenant may agree, in writing, to waive specific requirements of this chapter if all of the following conditions have been met:

1. The agreement to waive specific provisions is in writing and identifies the specific provisions to be waived; and

2. The agreement may not appear in a standard form written lease or rental agreement; and

3. There is no substantial inequality in the bargaining position of the two parties; and

4. The attorney for the tenant has approved in writing the agreement as complying with subsections (B)(1), (2) and (3) of this section. [Ord. 19-0484 § 2 (Exh. A).]