Seattle passed a law that provides a defense of inability to pay for evictions based on non-payment of “rent due during, or within six months after the termination of, the Mayor’s residential eviction moratorium”, currently set to expire December 31, 2020. Not all evictions are for non-payment of rent. Note also that the Seattle ordinance may not apply to tenants who were well behind with rent when the moratorium was enacted, and the landlord is evicting only for the pre-moratorium rent. Once the eviction moratorium ends, this law would not prohibit landlords from serving a notice to pay rent or […]
Landlord-Tenant Blog
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The National Multifamily Housing Council (NMHC) made a series of recommendations in a statement released in response to the COVID-19 crises. The recommendations included halting evictions and rent increases for 90 days and waiving late fees. One important fact overlooked by the eviction moratoriums is that many (perhaps most) rental units are not owned by deep-pocketed corporations. Many landlords rely on rental payments to meet their own financial obligations and are in no economic position to absorb unpaid rent indefinitely. The NMHC recognized that “most rental properties are owned by individuals and small businesses that have financial obligations, including mortgages, […]
The King County Superior Couty enacted numerous emergency court orders, some of which affect eviction cases. Here is a quick summary of a few of the key provisions from various emergency orders that impact landlords seeking to evict a tenant. This is a short summary, is not comprehensive, and is not a substitute for legal advice. Parties are required to make a good faith effort to mediate prior to setting a show cause hearing. The landlord must when moving for a hearing date file a declaration that shows the efforts at mediation and verifies the federal CARES act moratorium does […]
Governor Inslee has extended the state-wide residential eviction moratorium through August 2. A new exception is added that allows owners to give 60 days’ notice if the owner intends to “personally occupy the premises as a primary residence” or sell the property. Note that the tenancy would already have to be month-to-month (or expired). This provision does not give owners the right to terminate a lease contract early. Any notice terminating a tenancy should give the last day of a rental period (usually a calendar month) as the date of termination. The notice therefore should not give 60 days from […]
At both the state and local level new laws mandate changes in the language of important landlord-tenant documents, including the 14-day notice to pay rent or vacate as well as legal pleadings used in court. Failure to include legally required language in eviction documents is a defense to eviction and could lead to dismissal of an eviction action. Truly v. Heuft, 138 Wn.App. 913, 158 P.3d 1276 (Div. 1 2007). New laws in 2019 and in 2020 change the requirements for the notice to pay rent or vacate state-wide. New laws in Federal Way and Seattle necessitate contents in notices […]
Seattle has passed new tenant protection laws in response to the COVID-19 crisis. Inability to pay defense. For a six-month period after the mayor’s residential eviction moratorium ends, tenants may raise an inability to pay as a defense. This law does not prevent landlords from starting an eviction action, and the tenant must come to court and raise the defense. This ordinance requires language in the 14-day notice. It is a defense to eviction if this language is not included. Payment plans. For the duration of the state of emergency declared by the mayor, Seattle residential tenants may pay overdue rent […]
The Seattle City Council passed a law banning residential evictions between December 1 and March 1. The law does not apply to landlords who own fewer than five rental units within Seattle. The winter eviction ban does not apply when the owner or an immediate family member intends to move into the rental as their primary home; when the owner intends to sell a single family home; if the tenant creates a nuisance or engages in drug activity; the owner seeks to discontinue sharing the owner’s own housing unit with the tenant; and a few other narrow exceptions. The law […]
The City of Seattle is expected to vote on February 10 a new law to would ban evictions every year from November through April. There is a proposed state law that would prohibit this type of local law. If the law passes it will almost certainly be challenged in court as unconstitutional.
The recently passed Federal Way “Stable Housing” initiative limits the grounds upon which landlords may evict tenants. These limits apply even if the tenant is month-to-month. The eviction grounds include non-payment of rent and other breaches of the rental agreement, or the tenant commits waste or nuisance. Some eviction grounds require 120-day notice. These grounds include 1) that the landlord or immediate family member intends to reside in the rental, 2) the landlord seeks to convert the property to a condominium, 3) the landlord seeks to demolish or substantially rehabilitate the rental, 4) a governmental entity has prohibited rental to […]
The controversial Seattle First in Time law was recently upheld by the Washington Supreme Court. Under the First in Time law, Seattle landlords seeking to fill vacant residential tenancies must provide notice of their rental criteria, screen applications in chronological order, and offer the tenancy to the first qualified applicant, subject to certain exceptions. Notice of rental criteria. The landlord must first “provide notice to a prospective occupant” of “the criteria the owner will use to screen prospective occupants and the minimum threshold for each criterion,” as well as “all information, documentation, and other submissions necessary for the owner to […]