Even though the local Kenmore eviction moratorium has expired landlords must jump through several hurdles to evict a tenant for nonpayment of rent. Kenmore tenants may not be evicted for rent that accrued through 90 days after the expiration of the moratorium if nonpayment was due to COVID. The tenant still owes the rent and the landlord could sue and/or pursue collection efforts, but if the tenant can prove in court that nonpayment was due to COVID the landlord may not evict. The landlord must apply for rental assistance and complete a mandatory Landlord’s Certification affirming under penalty of perjury […]
eviction moratorium
19 posts
Governor Inslee extended the bridge proclamation through October 31, 2021. The terms are essentially unchanged from the bridge proclamation that ends September 30. Under the bridge proclamation, each county must file official attestations that both rental assistance programs and Eviction Resolution Pilot Programs are operational in that county. Without both official attestations, landlords in a given county are now allowed to serve a notice to pay rent or vacate. Attestation status is subject to change at any time. Landlords may evict on grounds other than nonpayment. In some locations (not just Seattle) local moratoria continue to apply. Also, some local […]
Mayor Durkan extended both the residential and small business/non-profit eviction moratoriums through September 30. The Seattle residential moratorium, unlike the state moratorium, does not make an exception for the owner’s intent to sell or to move into the rental property. The City of Kenmore has also extended its eviction moratorium. The Washington state eviction moratorium does not apply to commercial properties. The state moratorium is set to expire June 30, but Governor Inslee is considering extending it. The federal CDC moratorium only applies to residential evictions. Whether and to what extend the CDC eviction moratorium applies in Washington is the […]
Yesterday Governor Inslee signed a bill that establishes a just cause eviction law throughout Washington state. The Washington just cause eviction law is largely similar to just cause eviction laws in Seattle, Federal Way, and Burien. Washington residential landlords may no longer serve a “20-day” no-cause notice to terminate a tenancy. There is an exception when the landlord shares housing with the tenant. Landlords may terminate a tenancy and the end of the initial lease term with 60 days’ notice. To evict because the landlord wishes to sell or if the landlord or an immediate family member intends to live […]
Under Governor Inslee’s statewide eviction moratorium Washington landlords may only evict residential tenants because a tenant poses an immediate and serious threat, the owner wishes to sell, or the owner wishes to live in the rental property. Landlord attorneys and most local Washington courts have held that the Center for Disease Control (CDC) eviction moratorium does not prevent eviction under the Washington state moratorium exceptions. Tenant attorney have appealed this issue, and there are two cases pending with the Washington State Supreme Court on the issue of whether the CDC eviction moratorium supersedes Governor Inslee’s eviction moratorium exceptions. Today a […]
There are various eviction moratoria that may apply to a rental property in Washington state, including Governor Inslee’s eviction moratorium, the CDC moratorium, and the local Seattle moratorium. All three are set to expire June 30. A new law that makes sweeping changes to Washington landlord-tenant and evictions laws recently passed the legislature. If signed by the governor, the law would confirm that the Inslee moratorium ends June 30. While most local courts have held that the CDC moratorium does not apply in Washington, this issue is currently being heard by the Washington Supreme Court. The CDC moratorium is set […]
While the eviction and landlord-tenant statutes do not generally apply to hotel or motel guests, longer-term guests may be treated as tenants. “Residence in a hotel, motel, or other transient lodging” is specifically exempted from the Washington Residential Landlord-Tenant Act. Nevertheless, courts have treated longer-term guests as tenants. There historically has been no bright-line test. Rather, the courts look at the facts of a given case, taking into consideration such things as how long the resident has occupied the space, payment terms, and services provided. Some local laws create a presumption that a guest is a tenant after a specified […]
Governor Inslee announced the extension of the residential eviction moratorium through June 30. Governor Inslee’s moratorium allows eviction when the owner seeks to sell or occupy the rental property as a primary residence. However, three cases are pending in the state Supreme Court on whether the CDC moratorium prevents evictions under these exceptions. Oral argument on those cases is set for May 13.
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 […]
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 […]