A Seattle law provides a defense to eviction in many residential tenancies between December 1 and March 1. The law applies to tenants who are moderate-income and below as statutorily defined.
There are several exceptions. Some of the more important ones include:
- The winter eviction law does not apply to landlords with fewer than five rental units in Seattle.
- A landlord may terminate a month-to-month tenancy and evict
- if the owner or an immediate family member intends to reside in the rental (with 90 days’ notice);
- if the owner intends to sell a single-family home (with 90 days’ notice);
- if the owner wishes to discontinue sharing his/her own housing unit.
- the tenant creates a nuisance, operates an illegal business, or engages in drug activities.
There are other, less common exceptions to the eviction ban.
The winter eviction law creates a tenant mitigation fund for low-income tenants at risk of residential eviction during the winter eviction ban period. To be eligible 1) non-payment of rent must be one of the reasons for termination, 2) the tenant must be low income, 3) the tenant must show a lack of financial resources, and 4) the tenant must request mitigation funds on or before the day the writ is executed. Landlords serving a notice to terminate the tenancy for failure to pay rent must include mandatory language in the notice.