A proposed new law would impose mandatory mediation in every eviction case; permanently eliminate eviction show cause hearings for all residential evictions; force a trial date (as opposed to a show cause hearing) for every eviction case; prevent eviction for any unpaid rent accrued during the pandemic unless the tenant refuses or fails to comply with mandatory payment plans; force landlords to return security deposits to all tenant even if the tenant owes the landlord money. Mediation is a settlement conference. A mediator has no power to evict anyone or force either party to do anything. The mediation requirement would […]
Yearly Archives: 2020
15 posts
Several landlords have filed a lawsuit in federal court against Governor Jay Inslee and Attorney General Robert Ferguson challenging the governor’s eviction moratorium under both the federal and Washington constitutions. While other business have been locked-down or restricted, the landlords argue “the owners of rental property are the only people who are required by any of the Governor’s emergency proclamations to continue to provide a good or service without charge. Stores and restaurants lost business opportunities due to the Pandemic, but they were not required to continue to provide goods or food to customers without an ability to charge for […]
Governor Inslee recently extended the Washington state eviction moratorium through December 31, 2020. The only three exceptions are 1) tenants who pose a serious and imminent threat to health or safety, 2) a 60-day notice if the owner intends to sell, or 3) a 60-day notice if the owner intends to move into the property as their primary residence. The governor amended the moratorium to clarify that it does not protect unauthorized occupants who hold over after the tenants vacate. Note this does not apply to tenants who holdover. The landlord still may not evict tenants who holdover, absent one […]
Waterfront properties are not infrequently encumbered by an easement to allow nearby properties access to the waterfront. Two brothers owned several lots on Lake Whatcom. They sold the upland lots and kept the waterfront property, but granted an easement for access to the waterfront. The brothers spent their own time and labor to maintain the common area for ten years, though under the terms of the easement these costs were supposed to be shared. On one lot the new neighbors invited people to swim and use jet skis from the lakefront property dock and started building a parking lot on […]
The Centers for Disease Control (CDC) issued a nation-wide eviction moratorium through December 31, 2020. The CDC cites the need to slow the spread of COVID-19 by preventing evicted tenants from crowding into shelters or shared housing. The CDC eviction moratorium does not apply where state or local eviction moratoriums provide the same or greater level of protection. The CDC eviction moratorium requires tenants to provide their landlord a sworn declaration alleging under oath essentially that they have made best efforts to find government aid, cannot pay past due and future rent, and have nowhere to go. The approved declaration […]
There is much confusion over the Seattle eviction moratorium. The confusion stems from the history of the Seattle moratorium and changes made to them, and additional separate laws passed by the City creating a new inability-to-pay defense and imposing payment plans. Confusion may be in part also due to the fact there are various federal, state, and local moratoria, and sometimes people confuse and conflate their various terms. On March 14 the Mayor issued a residential eviction moratorium that prohibited eviction for non-payment of rent. She later issues a broad small business and non-profit eviction moratorium that prohibited almost all […]
Seattle Payment Plan Laws In response to the COVID economic fallout, the City of Seattle enacted several measures including mandatory payment plans for both residential and commercial tenancies. Both the residential and commercial payment plan laws apply to tenants who fail to pay rent during or within six months after the state of emergency declared by the mayor. The residential and commercial payment plan ordinances are separate laws with different terms, summarized below. Residential payment plans. Residential tenants who fail to pay rent during or within six months after the state of emergency declared by the mayor may pay in […]
Seattle passed a law that provides a defense of inability to pay for evictions based on non-payment of “rent due during, or within six months after the termination of, the Mayor’s residential eviction moratorium”, currently set to expire December 31, 2020. Not all evictions are for non-payment of rent. Note also that the Seattle ordinance may not apply to tenants who were well behind with rent when the moratorium was enacted, and the landlord is evicting only for the pre-moratorium rent. Once the eviction moratorium ends, this law would not prohibit landlords from serving a notice to pay rent or […]
The National Multifamily Housing Council (NMHC) made a series of recommendations in a statement released in response to the COVID-19 crises. The recommendations included halting evictions and rent increases for 90 days and waiving late fees. One important fact overlooked by the eviction moratoriums is that many (perhaps most) rental units are not owned by deep-pocketed corporations. Many landlords rely on rental payments to meet their own financial obligations and are in no economic position to absorb unpaid rent indefinitely. The NMHC recognized that “most rental properties are owned by individuals and small businesses that have financial obligations, including mortgages, […]
The King County Superior Couty enacted numerous emergency court orders, some of which affect eviction cases. Here is a quick summary of a few of the key provisions from various emergency orders that impact landlords seeking to evict a tenant. This is a short summary, is not comprehensive, and is not a substitute for legal advice. Parties are required to make a good faith effort to mediate prior to setting a show cause hearing. The landlord must when moving for a hearing date file a declaration that shows the efforts at mediation and verifies the federal CARES act moratorium does […]