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 […]
Landlord-Tenant Blog
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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 […]
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.
Mayor Durkan extended both the residential and small business/non-profit eviction moratoriums through September 30. The Seattle residential moratorium, unlike the state moratorium, does not make an exception for the owner’s intent to sell or to move into the rental property. The City of Kenmore has also extended its eviction moratorium. The Washington state eviction moratorium does not apply to commercial properties. The state moratorium is set to expire June 30, but Governor Inslee is considering extending it. The federal CDC moratorium only applies to residential evictions. Whether and to what extend the CDC eviction moratorium applies in Washington is the […]
Yesterday Governor Inslee signed a bill that establishes a just cause eviction law throughout Washington state. The Washington just cause eviction law is largely similar to just cause eviction laws in Seattle, Federal Way, and Burien. Washington residential landlords may no longer serve a “20-day” no-cause notice to terminate a tenancy. There is an exception when the landlord shares housing with the tenant. Landlords may terminate a tenancy and the end of the initial lease term with 60 days’ notice. To evict because the landlord wishes to sell or if the landlord or an immediate family member intends to live […]