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 intent to sell, intent to occupy as a primary residence, nonpayment of rent, material breach of the rental agreement, and various other causes.
At the city and county level, new local laws also make the eviction process far more complex than before. These laws restrict the causes for eviction and must be complied with in addition to state just cause eviction laws. Local laws also require specific “magic words” language on notices, often even dictating the font style and size.
In some places, eviction moratoriums are still in place. In Seattle and other locations, landlords may not evict unless the tenant poses a serious threat. This means the landlord cannot serve a notice to vacate based on an intent to sell, for example. The Seattle moratorium is set to expire January 15.
Federal law may also affect some landlords, possibly requiring extended cure periods on notices.
Here are just a few examples of the many changes for residential landlords. These are permanent changes, not temporary COVID or moratorium rules. These laws apply to only residential landlords except where indicated otherwise.
- Even though the “bridge” moratorium has ended both repayment plans and Eviction Resolution Process participation are still required for residential nonpayment evictions.
- Washington Landlords may no longer end a tenancy with a “20-day” notice to terminate the tenancy. Just cause is now required to end any tenancy, whether under a lease term or month-to-month.
- A Washington landlord cannot evict solely because the lease expired. This would require formal legal notice of at least 60 days prior to the end of the lease term. Other limitations apply.
- Ending a tenancy because you wish to sell or you or a family member want to move into the rental property requires at least 90 days’ formal legal notice. In some places, local law requires longer notice periods. At the end of the notice period, you would still need to go through the eviction court process if the tenant does not vacate.
- Many local jurisdictions have mandatory “magic words” language that must be in any notice to the tenant.
- Many local jurisdictions require additional documents to be served with any notice to the tenant.
- Many local jurisdictions require landlords to register the property before serving any notices on the tenant.
- You might not be able to evict when all tenants named in the lease have vacated, leaving only unauthorized occupants in the property. Landlords may be required to offer the unauthorized occupants an opportunity to apply to rent.
- All landlords are required to offer payment plans for rent that accrued through the period of the public health emergency (which is still in effect).
- All landlords are required to go through an out-of-court mediation process before they can file an eviction in court.
- Some local eviction moratoriums are still in effect for residential and in some cases commercial, tenancies.
These are just a handful of examples from the voluminous body of new landlord-tenant laws. Now more than ever you should seek the advice of an attorney experienced in landlord-tenant and eviction law before taking any action.
