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 be permanent and apply to all Washington residential tenancies. This should not be confused with the separate Eviction Resolution Program which is a pilot program in six counties.
The mediation requirement must be fulfilled before the landlord could seek eviction in court. The landlord could continue with court action if the tenant fails to appear at the mediation session. The parties are to evenly share the costs of the mediation, but the proposed law does not specify what happens if (and when) tenants do not pay half the costs. Mediators in general are not inclined to hold a mediation session without advance payment.
The landlord could not evict for no-cause for two years after the end of the public health emergency unless the landlord intends to sell or live in the rental.
The proposed law prevents eviction for non-payment of rent that accrued during the moratorium unless the tenant refuses or fails to make payments under a payment plan.
Landlords would have to offer a payment plan under an as-yet to be specified formula. The formula is worded similarly to a payment plan already passed locally in Seattle. The landlord could evict if the tenant refuses or fails to comply with the payment plan.
Tenants can break a lease and move out if they were impacted by the pandemic. Meanwhile, landlords cannot invoice, bill, or retain any portion of a security deposit, even if the tenant owes money.
