Quote Quoting pphilip
View Post
In September 2018, I was given notice that renter's insurance would be required starting in November. Then, and now, I am no longer in a lease and am in a month-to-month agreement...
From what you are stating, this would appear to be a valid modification of the tenancy, with sufficient notice for you to end the tenancy before the effective date if the modification were not acceptable to you.
Quote Quoting pphilip
Then, on April 23, 2019, I received a noticed that I had been charged for three months penalty and would have three days to respond (i.e. show proof of renter's insurance) or be charged again for May. I do not dispute the penalty fees charged up to April, despite the fact that it seem inethical that they could charge me fees with no warning prior or during that time.
You have not shared the language of the rental insurance notice requirement with us. If the provision requires that you purchase rental insurance but, either on its own or in association with the remainder of the lease, does not provide for any financial penalty for your failure to do so, then the fine is not appropriate. If there is provision for a fine, the fine must still be reasonable and proportionate.
Quote Quoting pphilip
Does RCW 59.18.190 provide any indication that the landlord has acquiesced since it has been beyond 60-days since they noticed my error (indicated by the fact that they have apparently been charging me for three months without my knowledge
RCW 59.18.190 requires the landlord to give you notice to cure a violation of the lease before the landlord can commence an eviction action. So while the landlord's ability to evict you would have been constrained by that provision, it does not appear to be relevant to your situation as it appears we are merely speaking of your being billed under a penalty provision of the lease.
Quote Quoting pphilip
...and since they accepted my rent for this long without any attempt to collect the debt until 3 months into it?
We don't have any of your lease language to work with, but there's nothing inherent in the landlord's delay in enforcing a penalty provision that would stop it from later enforcing that provision. It sounds like the landlord is already giving you a partial break based upon the landlord's late move to enforce the insurance requirement.
Quote Quoting pphilip
Can they really only give 3-days notice before charging another non-refundable fee?
That can't be answered without reviewing the contract language; but if the penalty is supported by the lease as amended, if it is enforceable, and if it is triggered at the first of each month under the language of the lease as amended, then they can charge you in accord with the lease.

Quote Quoting adjusterjack
View Post
My opinion for the 2 cents that it's worth is that the landlord would have had to give you a new notice of the rule change before being able to charge you anything.
I don't see how you have come up with that theory.
Quote Quoting adjusterjack
There doesn't appear to be anything in the statutes as to how much notice is required for a change in the terms of a rental agreement but my belief has always been that a change in terms is the equivalent of terminating the existing rental agreement in favor of a new rental agreement.
The statute for a change in rent or rules would normally require thirty days notice, RCW 59.18.140. However, notice was given in September, 2018, to be effective in November, 2018, and, as October is 31 days long, more than thirty days notice was given.