A new law (SB 5160) makes sweeping changes to Washington residential eviction and landlord-tenant law.
Tenant protections.
The bill ends the Washington eviction moratorium June 30, 2021. There are several tenant protections that extend an additional six months beyond that. No late fees accrue during this period. Landlords may not report to prospective landlords unpaid rent or unlawful detainer actions related to unpaid rent. A prospective landlord may not take an adverse action based on nonpayment that occurred during this period.
Additional protections that do not expire include prohibiting landlords from denying a rental because of medical history or inquiring about medical history.
Landlords who violate these tenant protections may face a court award of up to two and one-half times the monthly rent, plus court costs and attorney fees.
Repayment plans.
For rent that accrues during and six months following the end of the public health emergency (not just the end of the eviction moratorium) landlords are required to offer a reasonable payment plan. Payments may not exceed one-third of monthly rent. Tenants have 14 days to accept a reasonable repayment plan.
If a tenant fails to accept a repayment plan or fails to make a payment the landlord may start an eviction (though the Eviction Resolution Program requirements still apply).
Eviction Resolution Program.
Landlords are required to participate in a new Eviction Resolution Program (ERP) before filing an eviction. The landlord must serve new ERP notice forms. In addition to serving this new notice form on the tenant, the landlord must also serve notice on the local Dispute Resolution Center (DRC). The landlord must obtain a certificate of participation from the local DRC before the landlord may file an eviction action (unlawful detainer action) in court.
Right to Counsel.
While several Washington counties have long provided no-cost tenant attorneys, the new law provides no-cost legal counsel to all financially qualified residential tenants.
Settlements and stipulations restricted.
The new law also restricts settlements, stipulations, and mutual termination agreement terms. Failure to comply with these restrictions may cause such agreements to be unenforceable in court.
This is a short summary of SB 6160 and not a substitute for legal advice. For advice about your circumstances consult with an attorney.