Update (as of 1/16/26): After this case note was posted, attorneys representing the tenants filed a motion to reconsider and requested oral argument. The attorney representing the landlord filed a response. The court’s ruling could (obviously) change the holding summarized in this article. Residential unlawful detainer filings (eviction cases) have seen record volume in Washington in recent years. Most residential unlawful detainer actions proceed no further than a statutory show cause hearing. But what is a show cause hearing? Is it a preliminary injunction hearing? A summary judgment hearing? A hybrid? What burden must the plaintiff meet to gain […]
Landlord-Tenant Law Updates
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A new law enacted by the City of Tacoma exempts public housing and low-income rental housing providers from the winter eviciton ban and school year eviciton ban. The law also exempts owners of four or fewer units from the cold weather eviction ban (but not from the school year eviction ban). The fewer than five units exemption matches Seattle’s winter eviction ban exemption. All owners may petition a court for relief from various provisions upon demonstrating undue hardship. Some of the changes of broader application are summarized below. This short summary is not a substitute for legal advice. If you […]
Washington has a new rent control law that went into effect immediately. The law caps rent increases at the lesser of 7% plus inflation or 10%. Rent increases must be in a form with mandated language and must give the tenant at least 90 days’ notice. The notice must be served in accordance with RCW 59.12.040, which is the same statute defining how pay or vacate and similar notices are served. This statute has also been changed recently. If a landlord serves a notice that increases the rent beyond the rent cap, the tenant must provide the landlord with an […]
The CARES Act requires thirty days’ notice for nonpayment eviction for rental properties covered by this law. Covered properties include Section 8 tenants, properties with federally-backed mortgages (FHA, Fannie Mae, Freddie Mac, etc.), and may apply in other situations. The state Supreme Court has ruled that the CARES Act applies only to nonpayment of rent evictions, and not evictions based on other grounds. Previously, the issue of whether the CARES Act applied beyond nonpayment had been the subject of two Court of Appeals rulings. Division Two of the Washington Court of Appeals ruled that the CARES Act applies to covered […]
The City of Shoreline passed a new law this week creating new local tenant protections, including an increased notice of rent increase timeframe; limits on move-in fees, late fees, and security deposit amounts; a requirement to allow payment plans for move-in costs; and a prohibition on the requirement of providing a social security number. For rent increases of three percent but less than ten percent the landlord must give 120 days’ notice. For rent increases of ten percent or more, the landlord must give 180 days’ notice. All move-in fees and security deposit may not exceed one month’s rent. The […]