Governor Inslee has extended the state-wide residential eviction moratorium through August 2. A new exception is added that allows owners to give 60 days’ notice if the owner intends to “personally occupy the premises as a primary residence” or sell the property. Note that the tenancy would already have to be month-to-month (or expired). This provision does not give owners the right to terminate a lease contract early. Any notice terminating a tenancy should give the last day of a rental period (usually a calendar month) as the date of termination. The notice therefore should not give 60 days from […]
Yearly Archives: 2020
At both the state and local level new laws mandate changes in the language of important landlord-tenant documents, including the 14-day notice to pay rent or vacate as well as legal pleadings used in court. Failure to include legally required language in eviction documents is a defense to eviction and could lead to dismissal of an eviction action. Truly v. Heuft, 138 Wn.App. 913, 158 P.3d 1276 (Div. 1 2007). New laws in 2019 and in 2020 change the requirements for the notice to pay rent or vacate state-wide. New laws in Federal Way and Seattle necessitate contents in notices […]
Seattle has passed new tenant protection laws in response to the COVID-19 crisis. Inability to pay defense. For a six-month period after the mayor’s residential eviction moratorium ends, tenants may raise an inability to pay as a defense. This law does not prevent landlords from starting an eviction action, and the tenant must come to court and raise the defense. This ordinance requires language in the 14-day notice. It is a defense to eviction if this language is not included. Payment plans. For the duration of the state of emergency declared by the mayor, Seattle residential tenants may pay overdue rent […]
The Seattle City Council passed a law banning residential evictions between December 1 and March 1. The law does not apply to landlords who own fewer than five rental units within Seattle. The winter eviction ban does not apply when the owner or an immediate family member intends to move into the rental as their primary home; when the owner intends to sell a single family home; if the tenant creates a nuisance or engages in drug activity; the owner seeks to discontinue sharing the owner’s own housing unit with the tenant; and a few other narrow exceptions. The law […]
The City of Seattle is expected to vote on February 10 a new law to would ban evictions every year from November through April. There is a proposed state law that would prohibit this type of local law. If the law passes it will almost certainly be challenged in court as unconstitutional.