Settled law breeds few appeals for the simple reason that if the law is settled there are fewer issues to appeal. When new laws are passed, they can be interpreted in different ways, leading to more appealable issues. Landlord-tenant law was once well settled but is now with a plethora of new laws it is the opposite extreme. In the past, there were only a handful of landlord-tenant appellate cases each year. Now there are sometimes a handful of appellate developments in a single day. This week there were two important appellate decisions and oral arguments on another case with […]
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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 […]
Measure One (also known as the “Tacoma Landlord Fairness Code Initiative”) passed in the recent election and is expected to be enacted into law soon. Below is a short outline of some of the key provisions. We will post a more detailed analysis later. For advice about your circumstances, it is always best to consult with an attorney. Rent increases. Landlords must be in compliance with all federal, state, and local tenant protection laws before raising rent. The landlord must use a rent increase form established by the City of Tacoma. Rent increases require two notices, one between 180 and […]
Attorney Travis Scott Eller will lecture on landlord-tenant law at two continuing legal education seminars this fall. Mr. Eller will present on the topic “Terminations and Evictions: When the Love is Gone” at the National Business Institute’s “Washington Landlord-Tenant Law From Start to Finish: Practical Insights From Lease Agreement to Post-Tenancy Issues” on October 18, 2023. On November 17 Mr. Eller will present “2023 Federal & State Updates” which will focus on the CARES Act, just cause eviction, and terminating tenancies under state law for the Seminar Group’s “Residential Evictions” seminar. Travis Eller has been practicing landlord-tenant law for over […]
There are two bills being proposed in the Washington legislature that if enacted into law would impose strict rent controls in Washington. The proposals’ terms vary, but both would essentially peg rent increases to inflation, with a cap of seven percent. The bills are HB 1388 and HB 1389. HB 1389 has numerous provisions absent from HB 1388. Landlords could “bank” unused rent increase capacity if the landlord does not increase rent in a 12-month period. To preserve banked capacity the landlord would have to serve a statutory notice form and serve in the same formal legal manner as a […]
The Seattle City Council rejected a proposal to yet again extend the local eviction moratorium. The Seattle eviction moratorium will therefore end February 28. After the moratorium ends Seattle landlords may serve eviction notices based on intent to sell, intent to occupy as a primary residence, nonpayment of rent, and any other legal grounds. Seattle residential landlords should be aware that notices in Seattle must have specific legally-mandated language to be enforceable in court. There are still many hurdles for landlords seeking possession of their property. Tenants have new defenses, including that rent was not paid for COVID-related reasons. Seattle […]
A myriad of new laws was imposed during the pandemic. In addition to “temporary” moratoriums, new permanent laws were enacted at every level–state, city, county, and federal. Failure to comply with these rules could result in a dismissal in court and starting the entire eviction process over. For nonpayment of rent, residential landlords must offer a repayment plan and go through an Eviction Resolution Pilot Program. This is not just a moratorium or bridge proclamation requirement. Residential landlords can no longer serve a 20-day notice without cause. This is a new, permanent, state-wide law. Cause for eviction under state law includes […]
Governor Inslee extended the bridge proclamation through October 31, 2021. The terms are essentially unchanged from the bridge proclamation that ends September 30. Under the bridge proclamation, each county must file official attestations that both rental assistance programs and Eviction Resolution Pilot Programs are operational in that county. Without both official attestations, landlords in a given county are now allowed to serve a notice to pay rent or vacate. Attestation status is subject to change at any time. Landlords may evict on grounds other than nonpayment. In some locations (not just Seattle) local moratoria continue to apply. Also, some local […]
Seattle Mayor Jenny Durkan yet again extended both the Seattle residential and commercial eviction moratoriums which are now set to expire January 15, 2022. Seattle residential tenants may only be evicted if actions by the tenant constitute an imminent threat to the health or safety of neighbors, the landlord, or to household members. The commercial eviction moratorium applies to small businesses and nonprofits. Small businesses are defined as having fifty or fewer employees. The commercial moratorium and separate Seattle laws require repayment plans for small businesses and nonprofits.
Kent landlord-tenant law had required landlords to serve a “Warning of Intent to TerminateTenancy” before issuing a 20-day notice to terminate tenancy. As state law now requires longer notice periods and has all but eliminated the “20-day” notice, the Kent law became both unnecessary and ineffective (because it conflicts with state law). The City of Kent therefore repealed the law that had required a “Warning of Intent to TerminateTenancy” notice. Landlords must comply with new state laws that require just cause to evict, and in most situations do not allow a notice that terminates tenancy in only 20 days.