Neighbors & Roommates

You may be able to approach some neighbors directly and let them know about the problem you’re experiencing. They may not be aware how loud they are being, or how much can be overheard from your unit. You are the expert on your situation and the one to determine the best way to approach the situation. You may or may not feel comfortable approaching your neighbors directly. Never confront your neighbor in anger, or if you feel unsafe approaching them. Be direct and polite, and ask for help from someone if you need it.

It may also be useful to keep a record of all the noise-related incidents that occur. You can send that documentation to the landlord and ask them to take measures to enforce the quiet hours in the rental agreement. You can also send your neighbor a written request to lower their noise levels. In order to prove that you sent something in writing, it’s a good idea to send your documentation by certified mail, return receipt requested, and regular first class mail – and always keep a copy for yourself.

It may also be useful to provide documentation of the impacts that the excessive noise is having on your health and wellbeing. A letter from a doctor, therapist or other healthcare provider may increase the strength of your argument.

Resolution Washington is an extremely helpful resource for trying to resolve any conflict. Both parties must agree to come to mediation voluntarily. If your neighbor agrees, you may be able to sit down with a third-party mediator and come to an agreement that works for both of you. It’s a good idea to let the landlord know about the agreement you come to with your neighbor.

Many cities have laws that regulate noise within the city limits. Different cities may enforce their noise ordinances in different ways. It may be helpful to send a copy of the local noise ordinance to your neighbor and your landlord. You can also communicate your right to contact the police if the excessive noise doesn’t stop. Seattle laws regulate “residential disturbances” and “unreasonable noise” in the city limits.

For more information, see Seattle Police Department: Avoiding Noise. You can also cite the common law principle of “the covenant of quiet enjoyment” to your landlord. Common law is rules of law that come from the decisions judges make in certain court cases. The quiet enjoyment covenant makes your landlord responsible for dealing with any disturbances that reasonably interfere with your enjoyment of the rental.

Talk to an attorney for more information about quiet enjoyment and to get details on laws that could strengthen your argument to your landlord. Your neighbor may also be violating some of their duties under the Landlord-Tenant Act. RCW 59.18.130 spells out specific duties for all tenants in Washington State. You may cite these to your landlord and provide documentation to strengthen your argument.

Cities and counties have different laws regarding noise, and different kinds of enforcement. You can call the nonemergency police number in your area to report noise violations, but it can be very difficult to get police response, especially on weekend nights. You can call 9-1-1 if the noise problem is accompanied by a concern for your safety or the safety of others in the building; however, keep in mind that this number is only meant to be used for emergencies.

The police may just issue a verbal warning to the household making excessive noise, but they can make a residential disturbance a criminal offense after repeated violations. They may also charge a fine, or contact the property owner after more than one offense. Seattle Noise Laws are enforced by the Seattle Police Department.

Speak to an attorney regarding your options for bringing a lawsuit against your neighbor. You may choose to explore this possibility if you have exhausted all your other options but the problem is still not resolved. It may be useful in itself for you to cite your legal options in a letter to your landlord, even if you do not plan to bring a lawsuit against them. The more documentation you have, the stronger your argument will be. For more information, navigate to our Legal Assistance Guide for tenants.

A lot of decisions regarding roommates may be up to your landlord, so written documentation is your best way to solve problems that may arise related to disputes with roommates, or disputes with the landlord regarding roommates.

You can also ask the landlord for an individual rental agreement or lease when you move into the unit, so you will not be responsible for your roommate’s responsibilities under their lease with the landlord.

The rental agreement should reflect important details regarding the rules of your tenancy. For instance, be on the lookout for whether the rental agreement accurately reflects a) the current tenants and b) the amount of deposit money, if any, each tenant has given towards any deposits or fees. However, the rental agreement may not contain enough detail to adequately address all the situations that may arise between roommates.

Get as much as you can in writing. If the landlord will not agree to make written changes to the rental agreement to reflect a change of tenants in the unit, you can send written documentation signed by the old and new tenant reflecting the date of the change and asking for the rental agreement to reflect the new composition of the household.

There are several possible options for how deposit money is dealt with in shared living arrangements. Look to the rental agreement first to see how deposits are dealt with, and get as many specific details as you can in writing from the landlord on how roommate changes should happen. Deposit costs may be divided among each tenant moving into a unit, or may be paid individually.

If it is not set out in your rental agreement, be sure to get thorough documentation of the amount each tenant pays, and what the landlord requires when one tenant vacates and another moves in. The landlord may have the new person moving in pass their deposit money to the tenant moving out. Tenants who vacate while the rental agreement is still in effect may have the benefit of not having damages or cleaning charges immediately deducted from their deposit, but they may legally still be held responsible for deposit deductions even after move-out.

It can be helpful to get a good sense of who you will be sharing your living space with before you commit to move in. If you are listed on a rental agreement with people you don’t know well, who turn out to not be responsible renters, you may end up having to pay for their irresponsibility. Ask questions of prospective roommates that tell you about their habits, lifestyle and preferences. If needed, you can communicate with the landlord to try and find out what screening criteria is used for new tenants.

While renting with roommates, you may also find it helpful to have monthly or quarterly meetings to check in about house rules, utility bills, chores and responsibilities, and address any concerns openly rather than waiting until the situation has escalated or someone is behind on their utility portion of the bill, for example.

It is up to you to decide what problem-solving strategies make the most sense in your situation. You could try communicating directly with your neighbors about your concerns, or make complaints in writing to the landlord regarding the problem. It is up to the landlord to enforce the rules of tenancy in the building or complex.

If your landlord isn’t responsive, you can document the situation in writing and send the landlord a letter addressing your concerns. You can also try pursuing Dispute Resolution with your neighbors directly in an attempt to resolve the problem. Scroll up to our Negotiation Tools Example: Noise Problems section above for examples of options you can use to try to resolve problems with your neighbors.

You can try many of the negotiating tools described in the Negotiation Tools Example: Noise Problems section above to help you solve the problem of secondhand smoke. You can refer to your written rental agreement to see what the smoking policy is, though keep in mind your rental agreement may not be exactly the same as your neighbors’. There are some resources available on the Washington State Department of Health’s website, Smoke Free Washington. Navigate to our Repairs webpage to try the process described there .

If you are a person living with a disability, and the smoke is significantly impacting your health and wellbeing, you may try to contact a civil rights agency for more information about fair housing and reasonable accommodations. You can contact the American Lung Association of Washington and Puget Sound Clean Air for more information. Also navigate to our Renters’ Resources webpage for a list of fair housing agencies in your area.

It is best practice to send all your communications with your landlord in writing, sending your letters and documentation by certified mail with a return receipt requested. You can notify the landlord that you are vacating the property and request that your name be removed from the rental agreement.

If the landlord does not do so, you can document your removal from the household in writing, and ask that all former roommates sign it to show that you have vacated the house. Send a copy to your landlord, certified mail return receipt. Even if you do this, you will likely still be considered a party to the lease. This means that you could still be liable for non-paid rent or be the party to an eviction suit if one is filed.

Unless each resident has a separate lease, any notice that the landlord sends regarding rule violations or nonpayment of rent applies to everyone on the rental agreement, and not just the individual tenant at fault. If one tenant is late or delinquent on their rent, everyone on the rental agreement can be evicted.

In a situation where one roommate does not pay their rent, the other tenants in the unit may choose to cover the cost of the delinquent tenant’s rent in order to avoid facing eviction. They may send a letter to the landlord documenting that one tenant did not pay their portion, and then they may try to recover rent from the roommate who did not pay, or take them to Small Claims Court if necessary

There are several possible options for how deposit money is dealt with in shared living arrangements. Look to the rental agreement first to see how deposits are dealt with, and get as many specific details as you can in writing from the landlord on how roommate changes should happen. Deposit costs may be divided among each tenant moving into a unit, or may be paid individually.

If it is not set out in your rental agreement, be sure to get thorough documentation of the amount each tenant pays, and what the landlord requires when one tenant vacates and another moves in. The landlord may have the new person moving in pass their deposit money to the tenant moving out. Tenants who vacate while the rental agreement is still in effect may have the benefit of not having damages or cleaning charges immediately deducted from their deposit, but they may legally still be held responsible for deposit deductions even after move-out.

Roommates can ask one particular member of the household to leave, but a landlord is the only one who can initiate eviction procedures or terminate tenancy. However, in the case of roommates who are under the same rental agreement, any action the landlord takes to terminate or enforce the rules of tenancy will apply to all tenants on the rental agreement, not just individual tenants.

It is always a good idea for tenants to give written notice before they vacate a unit. In the case of multiple tenants on the same contract, document as much as possible in writing to the landlord. If the tenant is vacating, especially if they are breaking the lease, it is best to do so with the landlord’s knowledge and cooperation. Look to the lease to see what rules, if any, apply to this situation. Month-to-month tenants are required to give 20 days’ notice before the date that rent is due. Be sure to get documentation that your name has been removed from the lease once you vacate.

Yes. It is a good idea to always get the landlord’s permission in writing before any changes happen in the household. Some landlords may be flexible with tenants selecting and moving a new roommate into the household, but the landlord does have the right to screen and approve any new residents. Generally speaking, everyone who signs an agreement initially also has to sign any changes that the landlord wants to later make to that agreement.