RCW 35.21.217
Utility services—Deposit—Tenants' delinquencies—Notice—Lien.
(1) Prior to furnishing utility services, a city or town may require a deposit to guarantee payment for services. However, failure to require a deposit does not affect the validity of any lien authorized by RCW 35.21.290 or 35.67.200. A city or town may determine how to apply partial payments on past due accounts.
(2) A city or town may provide a real property owner or the owner's designee with duplicates of tenant utility service bills, or may notify an owner or the owner's designee that a tenant's utility account is delinquent. However, if an owner or the owner's designee notifies the city or town in writing that a property served by the city or town is a residential rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address, the city or town shall notify the owner or the owner's designee of a residential tenant's delinquency at the same time and in the same manner the city or town notifies the tenant of the tenant's delinquency or by mail, and the city or town is prohibited from collecting from the owner or the owner's designee any charges for electric light or power services more than four months past due. When a city or town provides a real property owner or the owner's designee with duplicates of residential tenant utility service bills or notice that a tenant's utility account is delinquent, the city or town shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee.
(3) After August 1, 2010, if a city or town fails to notify the owner of a tenant's delinquency after receiving a written request to do so and after receiving the other information required by subsection (2) of this section, the city or town shall have no lien against the premises for the residential tenant's delinquent and unpaid charges and is prohibited from collecting the tenant's delinquent and unpaid charges for electric light or power services from the owner or the owner's designee.
(4) When a utility account is in a tenant's name, the owner or the owner's designee shall notify the city or town in writing within fourteen days of the termination of the rental agreement and vacation of the premises. If the owner or the owner's designee fails to provide this notice, a city or town providing electric light or power services is not limited to collecting only up to four months of a tenant's delinquent charges from the owner or the owner's designee, provided that the city or town has complied with the notification requirements of subsection (2) of this section.
(5)(a) If an occupied multiple residential rental unit receives utility service through a single utility account, if the utility account's billing address is not the same as the service address of a residential rental property, or if the city or town has been notified that a tenant resides at the service address, the city or town shall make a good faith and reasonable effort to provide written notice to the service address of pending disconnection of electric power and light or water service for nonpayment at least seven calendar days prior to disconnection. The purpose of this notice is to provide any affected tenant an opportunity to resolve the delinquency with his or her landlord or to arrange for continued service. If requested, a city or town shall provide electric power and light or water services to an affected tenant on the same terms and conditions as other residential utility customers, without requiring that he or she pay delinquent amounts for services billed directly to the property owner or a previous tenant except as otherwise allowed by law and only where the city or town offers the opportunity for the affected tenant to set up a reasonable payment plan for the delinquent amounts legally due. If a landlord fails to pay for electric power and light or water services, any tenant who requests that the services be placed in his or her name may deduct from the rent due all reasonable charges paid by the tenant to the city or town for such services. A landlord may not take or threaten to take reprisals or retaliatory action as defined in RCW 59.18.240 against a tenant who deducts from his or her rent payments made to a city or town as provided in this subsection.
(b) Nothing in this subsection (5) affects the validity of any lien authorized by RCW 35.21.290 or 35.67.200. Furthermore, a city or town that provides electric power and light or water services to a residential tenant in these circumstances shall retain the right to collect from the property owner, previous tenant, or both, any delinquent amounts due for service previously provided to the service address if the city or town has complied with the notification requirements of subsection (2) of this section when applicable.
[ 2011 c 151 § 5; 2010 c 135 § 1; 1998 c 285 § 1.]
Structure Revised Code of Washington
Chapter 35.21 - Miscellaneous Provisions.
35.21.005 - Sufficiency of petitions.
35.21.010 - General corporate powers—Towns, restrictions as to area.
35.21.015 - Salary commissions.
35.21.020 - Auditoriums, art museums, swimming pools, etc.—Power to acquire.
35.21.030 - Auxiliary water systems for protection from fire.
35.21.070 - Cumulative reserve fund—Authority to create.
35.21.080 - Cumulative reserve fund—Annual levy for—Application of budget law.
35.21.085 - Payrolls fund—Claims fund.
35.21.086 - Payrolls fund—Transfers from insolvent funds.
35.21.087 - Employee checks, drafts, warrants—City, town may cash.
35.21.088 - Equipment rental fund.
35.21.090 - Dikes, levees, embankments—Authority to construct.
35.21.100 - Donations—Authority to accept and use.
35.21.110 - Ferries—Authority to acquire and maintain.
35.21.120 - Solid waste handling system—Contracts.
35.21.130 - Solid waste or recyclable materials collection—Ordinance.
35.21.135 - Solid waste or recyclable materials collection—Curbside recycling—Reduced rate.
35.21.140 - Garbage—Notice of lien—Foreclosure.
35.21.150 - Garbage—Lien—Priority.
35.21.152 - Solid waste handling—Agreements—Purposes—Terms and conditions.
35.21.154 - Solid waste—Compliance with chapter 70A.205 RCW required.
35.21.157 - Solid waste collection—Rate increase notice.
35.21.160 - Jurisdiction over adjacent waters.
35.21.163 - Penalty for act constituting a crime under state law—Limitation.
35.21.165 - Driving while under the influence of liquor or drug—Minimum penalties.
35.21.175 - Offices to be open certain days and hours.
35.21.180 - Ordinances—Adoption of codes by reference.
35.21.185 - Ordinances—Information pooling.
35.21.190 - Parkways, park drives, and boulevards.
35.21.192 - Urban agriculture zone.
35.21.194 - Community gardens.
35.21.200 - Residence qualifications of appointive officials and employees.
35.21.203 - Recall sufficiency hearing—Payment of defense expenses.
35.21.205 - Liability insurance for officials and employees.
35.21.207 - Liability insurance for officers and employees authorized.
35.21.209 - Insurance and workers' compensation for offenders performing community restitution.
35.21.210 - Sewerage, drainage, and water supply.
35.21.215 - Powers relative to systems of sewerage.
35.21.217 - Utility services—Deposit—Tenants' delinquencies—Notice—Lien.
35.21.220 - Sidewalks—Regulation of use of.
35.21.225 - Transportation benefit districts.
35.21.230 - Streets over tidelands declared public highways.
35.21.240 - Streets over tidelands—Control of.
35.21.250 - Streets and alleys over first-class tidelands—Control of.
35.21.260 - Streets—Annual report to secretary of transportation.
35.21.270 - Streets—Records of funds received and used for construction, repair, maintenance.
35.21.275 - Street improvements—Provision of supplies or materials.
35.21.278 - Contracts with community service organizations for public improvements—Limitations.
35.21.280 - Tax on admissions—Exceptions.
35.21.290 - Utility services—Lien for—Emergency declaration.
35.21.305 - Utility connection charges—Waiver for low-income persons.
35.21.310 - Removal of overhanging or obstructing vegetation—Removal, destroying debris.
35.21.315 - Amateur radio antennas—Local regulation to conform with federal law.
35.21.320 - Warrants—Interest rate—Payment.
35.21.333 - Chief of police or marshal—Eligibility requirements.
35.21.334 - Chief of police or marshal—Background investigation.
35.21.335 - Chief of police or marshal—Vacancy.
35.21.340 - Cemeteries and funeral facilities.
35.21.350 - Civil service in police and fire departments.
35.21.360 - Eminent domain by cities and towns.
35.21.370 - Joint county and city hospitals.
35.21.380 - Joint county and city buildings.
35.21.390 - Public employment, civil service and pensions.
35.21.392 - Contractors—Authority of city to verify registration and report violations.
35.21.395 - Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.
35.21.403 - Authority to establish lake and beach management districts.
35.21.404 - Fish enhancement project—City's or town's liability.
35.21.407 - Abandoned or derelict vessels.
35.21.409 - Transfer of ownership of a city or town-owned vessel—Further requirements.
35.21.418 - Hydroelectric reservoir extending across international boundary—Commission—Powers.
35.21.427 - City constructing generating facility in other county—Additional findings—Renegotiation.
35.21.440 - Utilities—Additional payments to school districts having bonded indebtedness.
35.21.450 - Utilities—Payment of taxes.
35.21.455 - Locally regulated utilities—Attachments to poles.
35.21.465 - Crop purchase contracts for dedicated energy crops.
35.21.475 - Statement of restrictions applicable to real property.
35.21.500 - Compilation, codification, revision of city or town ordinances—Scope of codification.
35.21.510 - Compilation, codification, revision of city or town ordinances—Authorized.
35.21.530 - Compilation, codification, revision of city or town ordinances—Filing—Notice of hearing.
35.21.560 - Compilation, codification, revision of city or town ordinances—Adoption of new material.
35.21.630 - Youth agencies—Establishment authorized.
35.21.650 - Prepayment of taxes or assessments authorized.
35.21.680 - Participation in Economic Opportunity Act programs.
35.21.685 - Low-income housing—Loans and grants.
35.21.686 - Tiny house communities.
35.21.690 - Authority to regulate auctioneers—Limitations.
35.21.692 - Authority to regulate massage therapists—Limitations.
35.21.695 - Authority to own and operate professional sports franchise.
35.21.696 - Newspaper carrier regulation.
35.21.698 - Regulation of financial transactions—Limitations.
35.21.700 - Tourist promotion.
35.21.703 - Economic development programs.
35.21.711 - License fees or taxes on certain business activities—Excess rates authorized by voters.
35.21.712 - License fees or taxes on telephone business to be at uniform rate.
35.21.715 - Taxes on network telephone services.
35.21.717 - Taxation of internet access—Moratorium.
35.21.718 - State route No. 16—Tax on operation prohibited.
35.21.720 - City contracts to obtain sheriff's office law enforcement services.
35.21.730 - Public corporations—Powers of cities, towns, and counties—Administration.
35.21.740 - Public corporations—Exercise of powers, authorities, or rights—Territorial jurisdiction.
35.21.745 - Public corporations—Provision for, control over—Powers.
35.21.750 - Public corporations—Insolvency or dissolution.
35.21.755 - Public corporations—Exemption or immunity from taxation—In lieu excise tax.
35.21.756 - Tax exemption—Sales/leasebacks by regional transit authorities.
35.21.757 - Public corporations—Statutes to be construed consistent with state Constitution.
35.21.759 - Public corporations, commissions, and authorities—Applicability of general laws.
35.21.760 - Legal interns—Employment authorized.
35.21.766 - Ambulance services—Establishment authorized.
35.21.7661 - Study and review of ambulance utilities.
35.21.768 - Ambulance services—Excise taxes authorized—Use of proceeds.
35.21.769 - Levy for emergency medical care and services.
35.21.772 - Fire department volunteers—Holding public office—Definitions.
35.21.775 - Provision of fire protection services to state-owned facilities.
35.21.778 - Existing contracts for fire protection services and equipment not abrogated.
35.21.800 - Foreign trade zones—Legislative finding, intent.
35.21.820 - Acquisition and disposal of vehicles for commuter ride sharing by city employees.
35.21.830 - Controls on rent for residential structures—Prohibited—Exceptions.
35.21.840 - Taxation of motor carriers of freight for hire—Allocation of gross receipts.
35.21.845 - Taxation of motor carriers of freight for hire—Tax allocation formula.
35.21.850 - Taxation of motor carriers of freight for hire—Limitation—Exceptions.
35.21.865 - Electricity, telephone, or natural gas business—Limitations on tax rate changes.
35.21.871 - Tax on telephone business—Deferral of rate reduction.
35.21.873 - Procedure to correct erroneous mobile telecommunications service tax.
35.21.875 - Designation of official newspaper.
35.21.880 - Right-of-way donations—Credit against required improvements.
35.21.890 - Boundary changes—Providing factual information—Notice to boundary review board.
35.21.895 - Regulation of automatic number or location identification—Prohibited.
35.21.900 - Authority to transfer real property.
35.21.905 - Consultation with public utilities for water-sewer facility relocation projects.
35.21.910 - Community athletics programs—Sex discrimination prohibited.
35.21.925 - Supplemental transportation improvements.
35.21.930 - Community assistance referral and education services program.
35.21.935 - Warrant officers—Training requirements—Authority.
35.21.940 - Failing septic systems—Connection to public sewer systems—Appeals process.
35.21.945 - Water storage asset management services—Procurement.
35.21.950 - Final determination on state highway project permits.
35.21.955 - Nuisance abatement—Special assessment—Notice requirements.
35.21.960 - Removal of restrictive covenants—Hearing, notice.
35.21.965 - Voluntary change to electoral system.
35.21.980 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.