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 years after the state of emergency, landlords would be prohibited from issuing a no-fault tenancy termination or refusing to renew a lease if the tenant owes pandemic-period rent. Landlords could issue a 60-day termination notice if the landlord intends to sell or live in the property as their primary residence. Violation of this provision would be considered retaliatory and subject the landlord to liability for up to four and one-half times the monthly rent plus attorney fees.
Tenants would be guaranteed no-cost legal representation.
Landlords would be required to serve a copy of any 14-day notice (the form of which changes) with the local dispute resolution center. This requirement applies to all counties, not only the six counties under the Eviction Resolution Program. Failure to comply with this provision is a defense in an eviction case.
This is a short summary of some of the more important provisions in the proposed law. It is always prudent to seek legal advice before taking any action that might affect your rights, but never more so for landlords during and after the pandemic.
[1] SB 5160. See http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Senate%20Bills/5160.pdf?q=20210112070113
