A Seattle residential landlord may not evict without just cause as defined by both state and local law. There is no longer an option to serve a “20-day” notice without cause unless the landlord lives in the rental and does not wish to continue sharing the dwelling. Contact our office if you are a Seattle landlord.
Some of the grounds under the Seattle Just Cause Ordinance include:
- Failure to comply with a notice to pay rent or vacate.
- Failure to comply with a notice to comply or vacate.
- The landlord wishes to occupy the premises as a primary residence. Requires 90 days’ notice.
- The landlord intends to sell a single-family dwelling. Requires 90 days’ notice.
- The owner seeks to discontinue sharing with a tenant of the owner’s own housing unit.
- The tenant’s occupancy is conditioned upon employment and the employment is terminated. (Note that under Washington state law this may in some circumstances require an ejectment action, rather than an unlawful detainer action. Seek the advice of a landlord-tenant attorney if uncertain.)
- The landlord seeks to do substantial rehabilitation in the building. Requires a relocation license and a permit before terminating the tenancy.
- The landlord seeks to demolish the building or convert it to condominiums or to commercial use. Requires a relocation license and a permit before terminating the tenancy.
- The landlord seeks to discontinue use of an unauthorized housing unit after receipt of a notice of violation. The landlord must pay relocation assistance.
Tenant in breach.
If a Seattle residential tenant fails to pay the rent or otherwise commits a material breach of the rental terms this is just cause to evict. The landlord must serve a notice to pay rent or vacate or a notice to comply or vacate, as applicable. The landlord does not serve additional notices unless the first notice is cured and there is another breach of the rental agreement later.
The tenancy must be month-to-month for some just-cause tenancy terminations.
If the tenant fails to pay rent or fails to comply with material terms of the rental agreement then the landlord may terminate the tenancy. This is true whether the tenancy is month-to-month or there is an unexpired lease.
For other just cause grounds–such as the landlord’s intent to occupy the premises as a primary residence, or an intent to sell the rental property–the tenancy must be month-to-month, or the termination date must be the last day of the rental term. The just cause eviction ordinance does not authorize the landlord to break a lease early on these grounds.
Landlord moving into the rental property.
If the landlord wishes to move into the property or to allow an immediate family member to move in, this is just cause to evict. An immediate family member includes a spouse or domestic partner, parents, grandparents, children, and siblings of the landlord or the landlord’s spouse or domestic partner.
The landlord or an immediate family member should occupy the rental unit as a primary residence for at least 60 consecutive days during the first 90 days following the date of termination of the tenancy. Otherwise, there is a rebuttable presumption of a violation of the just cause eviction ordinance.
Landlord selling rental property.
The landlord may end a month-to-month tenancy or terminate the tenancy at the end of the term if the landlord intends to sell a single-family home. The landlord must give 90 days’ notice. The last day must be the last day of a rental period or the last day of the lease term.
The landlord is required to make reasonable attempts to sell within 30 days after the tenant vacates the rental property. There is a rebuttable presumption that the landlord did not intend to sell if the landlord fails to list the property or advertise it for sale within 30 days of the tenant vacating the rental property, or if the landlord takes the property off the market within 90 days of the tenant vacating the property.
The Seattle Just Cause eviction ordinance applies only to residential rentals, not commercial rentals. Rental agreement terms that waive just cause eviction laws are void and are not enforceable.
This is a short description of the Seattle Just Cause eviction ordinance. It is not a substitute for legal advice.