A bill (HB 1236) that establishes just-cause eviction statewide for residential tenancies has passed the legislature and is on the governor’s desk. If, as is widely expected, the governor signs the bill into law it will be another among many sweeping changes to landlord-tenant and eviction law. Under the proposed law landlords would be able to end a tenancy without cause at the end of the initial lease period with 60 days’ notice. Landlords who share their dwelling unit with the tenant could issue the traditional twenty-day notice. In other circumstances, landlords would need just cause. Failure to cure a […]
Landlord-Tenant Blog
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There are various eviction moratoria that may apply to a rental property in Washington state, including Governor Inslee’s eviction moratorium, the CDC moratorium, and the local Seattle moratorium. All three are set to expire June 30. A new law that makes sweeping changes to Washington landlord-tenant and evictions laws recently passed the legislature. If signed by the governor, the law would confirm that the Inslee moratorium ends June 30. While most local courts have held that the CDC moratorium does not apply in Washington, this issue is currently being heard by the Washington Supreme Court. The CDC moratorium is set […]
While the eviction and landlord-tenant statutes do not generally apply to hotel or motel guests, longer-term guests may be treated as tenants. “Residence in a hotel, motel, or other transient lodging” is specifically exempted from the Washington Residential Landlord-Tenant Act. Nevertheless, courts have treated longer-term guests as tenants. There historically has been no bright-line test. Rather, the courts look at the facts of a given case, taking into consideration such things as how long the resident has occupied the space, payment terms, and services provided. Some local laws create a presumption that a guest is a tenant after a specified […]
Governor Inslee announced the extension of the residential eviction moratorium through June 30. Governor Inslee’s moratorium allows eviction when the owner seeks to sell or occupy the rental property as a primary residence. However, three cases are pending in the state Supreme Court on whether the CDC moratorium prevents evictions under these exceptions. Oral argument on those cases is set for May 13.
A new bill in Olympia would impose a state-wide just cause eviction law for residential rentals.[1] Landlords would not be allowed to terminate a tenancy or evict a tenant except for certain enumerated grounds. These would include failure to pay rent, material breach of the rental contract terms, creating waste or nuisance, the owner seeking to sell, the owner seeking to live in the property, and various other specified grounds. The law would require landlords to offer payment plans for tenants with rental debt due to COVID-19 hardship. The payment plan must be “based on the tenant’s finances” and other […]
Residential rent increases are not allowed under the Washington eviction moratorium. A bill in Olympia if passed into law would ban rent increases for six months after the end of the eviction moratorium.[1] Rent increases for an additional six-month period would be limited to three percentage points above the consumer price index. This is one of several sweeping proposals to change landlord-tenant laws in the wake of the pandemic. _____ [1] http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Senate%20Bills/5139.pdf?q=20210115084249
A bill the Washington legislature is considering would require all residential landlords to offer a payment plan before engaging in any collection efforts for rent that was due during the pandemic state of emergency.[1] “Collection efforts” would be statutorily defined to include eviction or any court action, use of collection agencies, any threats to collect, and even withholding from a security deposit. The payment plan would have to be reasonable solely from the tenant’s—but with no consideration of the landlord’s— “financial, health, or other circumstances.” A landlord’s failure to offer a payment plan would be defense to eviction. For two […]
A proposed new law would impose mandatory mediation in every eviction case; permanently eliminate eviction show cause hearings for all residential evictions; force a trial date (as opposed to a show cause hearing) for every eviction case; prevent eviction for any unpaid rent accrued during the pandemic unless the tenant refuses or fails to comply with mandatory payment plans; force landlords to return security deposits to all tenant even if the tenant owes the landlord money. Mediation is a settlement conference. A mediator has no power to evict anyone or force either party to do anything. The mediation requirement would […]
Several landlords have filed a lawsuit in federal court against Governor Jay Inslee and Attorney General Robert Ferguson challenging the governor’s eviction moratorium under both the federal and Washington constitutions. While other business have been locked-down or restricted, the landlords argue “the owners of rental property are the only people who are required by any of the Governor’s emergency proclamations to continue to provide a good or service without charge. Stores and restaurants lost business opportunities due to the Pandemic, but they were not required to continue to provide goods or food to customers without an ability to charge for […]
Governor Inslee recently extended the Washington state eviction moratorium through December 31, 2020. The only three exceptions are 1) tenants who pose a serious and imminent threat to health or safety, 2) a 60-day notice if the owner intends to sell, or 3) a 60-day notice if the owner intends to move into the property as their primary residence. The governor amended the moratorium to clarify that it does not protect unauthorized occupants who hold over after the tenants vacate. Note this does not apply to tenants who holdover. The landlord still may not evict tenants who holdover, absent one […]