Seattle landlords must adhere to just-cause eviction rules, ensure compliance with parking requirements, and conduct thorough tenant screening. This guide provides essential information to help you manage your ADU or backyard cottage legally and effectively.
Permitting & Zoning Standards
ADU Rules
In Seattle, landlords are subject to specific rules when renting out an Accessory Dwelling Unit (ADU). According to the Seattle Municipal Code, landlords must comply with zoning regulations and obtain necessary permits. The maximum number of ADUs allowed per property is limited, typically to one per lot (Seattle Municipal Code 18.20.370).
Owner-Occupancy Requirements
ADUs in Seattle must be occupied by the owner or their immediate family members. This requirement ensures that residents are present to manage and maintain the property (Seattle Municipal Code 18.20.370).
Parking Minimums
Seattle has eliminated parking requirements for ADUs, allowing landlords to choose whether or not to provide parking. If you offer parking, it must be available on a first-come, first-served basis (Seattle Municipal Code 18.20.370).
Lease Structuring, Utility Metering, and Disclosures
Lease Agreement
When renting an ADU or backyard cottage, it is crucial to have a clear and legally binding lease agreement. The lease should include essential terms such as rent, payment due dates, eviction procedures, and maintenance responsibilities. Ensure that the lease complies with state law to avoid disputes.
Utility Metering
Landlords must provide each tenant with their own utility meter for electricity, water, and gas. This ensures that tenants are only charged for the usage they consume (Seattle Municipal Code 18.20.370).
Disclosures
Before renting an ADU or backyard cottage, landlords must provide tenants with necessary disclosures. This includes information about the property’s history, any restrictions or covenants, and any potential hazards. Failure to provide these disclosures can result in legal consequences (Seattle Municipal Code 18.20.370).
State Landlord-Tenant Act Compliance
Notice Periods
Landlords must provide tenants with proper notice periods before eviction or other actions. For nonpayment of rent, landlords must give tenants at least 7 days’ notice (Seattle Municipal Code 22.206.160). For other causes, notice periods vary based on the specific circumstances.
Deposit Handling
Landlords must handle tenant deposits according to state law. Deposits must be kept in a separate interest-bearing account and returned within 30 days of the tenant’s move-out, minus any damages or unpaid rent (Washington State Housing Code 17.28.030).
Fee Caps
Landlords are subject to fee caps when charging tenants for late fees, court costs, and other expenses. Late fees cannot exceed 5% of the monthly rent (Washington State Housing Code 17.28.030).
Defensible Record-Keeping & Compliance Checklist
To ensure compliance and defend your actions in court, maintain thorough records of all transactions and communications. Here is a checklist to help you stay organized:
- Lease Agreements: Keep copies of all signed lease agreements.
- Tenant Information: Maintain records of tenant names, contact information, and payment history.
- Notice Periods: Document all notice periods sent to tenants, including dates and reasons for eviction.
- Deposit Management: Keep a detailed record of deposit amounts, interest earned, and any deductions made.
- Maintenance Records: Document all maintenance requests, repairs, and expenses.
- Screening Reports: Keep copies of tenant screening reports to demonstrate due diligence.
By following these guidelines, you can manage your ADU or backyard cottage in Seattle legally and effectively. If you encounter any issues, consult with a local attorney to ensure compliance with all relevant laws and regulations.