Burien in recent months made various amendments to local landlord-tenant law. These laws offer clarify and conformity with state law, and impose new restrictions on landlords. How to resolve conflicts between state landlord-tenant law and local landlord-tenant law is a frequently litigated issue. The new Burien Code provisions clarify that if state and local law conflict, state law controls. This give clarity to landlords that they may use grounds for eviction under state law, even if there is no counterpart provision under local law. Issue often arise in eviction cases as to how much rent is owed, and whether the […]
Landlord-Tenant Blog
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Landlord-tenant law of only a few years ago is almost unrecognizable today. Below is a bullet-point list of some of the more important developments. An article cannot list all the changes or analyze them in depth. Consult with an attorney about your circumstances. CARES Act The federal CARES Act applies to any property with a federally-backed loan (Fannie Mae, Freddie Mac, etc.) and any unit with a Section 8 tenant. The CARES Act may apply if any tenant in any unit is a Section 8 voucher tenant, if the owner received a mortgage forbearance, and other circumstances. Courts may require […]
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 […]
A recent Court of Appeals decision requires a 30-day notice to pay rent or vacate for any residential property with a federally-backed loan (FHA, Fannie Mae, Freddie Mac, etc.). The court was interpreting provisions of the federal CARES Act. Although state law requires only 14 days’ notice to pay rent or vacate, the court held that federal law preempts state law and requires 30 days’ notice if there is a federally-backed loan. The same statute applies to tenancies where the tenant receives Section 8 benefits. If the tenant being evicted is a Section 8 beneficiary, then a 30-day notice to […]
The CARES Act covers more than one in four rentals.[1] Contrary to a widely held misconception, provisions of the CARES Act applicable to rentals continue to apply and are not set to ever expire.[2] The CARES Act requires landlords to serve a 30-day notice before a tenant may be required to vacate. The language in the CARES Act does not require the landlord to provide an opportunity to cure. State law requires landlords to serve a 14-day notice to pay rent or vacate. The precise language is mandated by state law and provides that the tenant must either pay the […]
The CARES Act may impose additional requirements for landlords serving notices to terminate a tenancy. If your rental property is covered by the CARES Act you must give at least 30 days’ notice to your tenant for nonpayment of rent. Whether this applies to other types of notices (such as nuisance, for example) is an open legal question with court results varying. The CARES Act is the subject of a pending Washington Court of Appeals case. As the CARES Act is a federal law, it has been and will continue to be litigated in other court systems around the country. […]
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 […]
Even though the local Kenmore eviction moratorium has expired landlords must jump through several hurdles to evict a tenant for nonpayment of rent. Kenmore tenants may not be evicted for rent that accrued through 90 days after the expiration of the moratorium if nonpayment was due to COVID. The tenant still owes the rent and the landlord could sue and/or pursue collection efforts, but if the tenant can prove in court that nonpayment was due to COVID the landlord may not evict. The landlord must apply for rental assistance and complete a mandatory Landlord’s Certification affirming under penalty of perjury […]
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 […]