Several landlords have filed a lawsuit in federal court against Governor Jay Inslee and Attorney General Robert Ferguson challenging the governor’s eviction moratorium under both the federal and Washington constitutions. While other business have been locked-down or restricted, the landlords argue “the owners of rental property are the only people who are required by any of the Governor’s emergency proclamations to continue to provide a good or service without charge. Stores and restaurants lost business opportunities due to the Pandemic, but they were not required to continue to provide goods or food to customers without an ability to charge for […]
eviction moratorium
19 posts
Governor Inslee recently extended the Washington state eviction moratorium through December 31, 2020. The only three exceptions are 1) tenants who pose a serious and imminent threat to health or safety, 2) a 60-day notice if the owner intends to sell, or 3) a 60-day notice if the owner intends to move into the property as their primary residence. The governor amended the moratorium to clarify that it does not protect unauthorized occupants who hold over after the tenants vacate. Note this does not apply to tenants who holdover. The landlord still may not evict tenants who holdover, absent one […]
There is much confusion over the Seattle eviction moratorium. The confusion stems from the history of the Seattle moratorium and changes made to them, and additional separate laws passed by the City creating a new inability-to-pay defense and imposing payment plans. Confusion may be in part also due to the fact there are various federal, state, and local moratoria, and sometimes people confuse and conflate their various terms. On March 14 the Mayor issued a residential eviction moratorium that prohibited eviction for non-payment of rent. She later issues a broad small business and non-profit eviction moratorium that prohibited almost all […]
Seattle passed a law that provides a defense of inability to pay for evictions based on non-payment of “rent due during, or within six months after the termination of, the Mayor’s residential eviction moratorium”, currently set to expire December 31, 2020. Not all evictions are for non-payment of rent. Note also that the Seattle ordinance may not apply to tenants who were well behind with rent when the moratorium was enacted, and the landlord is evicting only for the pre-moratorium rent. Once the eviction moratorium ends, this law would not prohibit landlords from serving a notice to pay rent or […]
The National Multifamily Housing Council (NMHC) made a series of recommendations in a statement released in response to the COVID-19 crises. The recommendations included halting evictions and rent increases for 90 days and waiving late fees. One important fact overlooked by the eviction moratoriums is that many (perhaps most) rental units are not owned by deep-pocketed corporations. Many landlords rely on rental payments to meet their own financial obligations and are in no economic position to absorb unpaid rent indefinitely. The NMHC recognized that “most rental properties are owned by individuals and small businesses that have financial obligations, including mortgages, […]
The King County Superior Couty enacted numerous emergency court orders, some of which affect eviction cases. Here is a quick summary of a few of the key provisions from various emergency orders that impact landlords seeking to evict a tenant. This is a short summary, is not comprehensive, and is not a substitute for legal advice. Parties are required to make a good faith effort to mediate prior to setting a show cause hearing. The landlord must when moving for a hearing date file a declaration that shows the efforts at mediation and verifies the federal CARES act moratorium does […]
Governor Inslee has extended the state-wide residential eviction moratorium through August 2. A new exception is added that allows owners to give 60 days’ notice if the owner intends to “personally occupy the premises as a primary residence” or sell the property. Note that the tenancy would already have to be month-to-month (or expired). This provision does not give owners the right to terminate a lease contract early. Any notice terminating a tenancy should give the last day of a rental period (usually a calendar month) as the date of termination. The notice therefore should not give 60 days from […]
At both the state and local level new laws mandate changes in the language of important landlord-tenant documents, including the 14-day notice to pay rent or vacate as well as legal pleadings used in court. Failure to include legally required language in eviction documents is a defense to eviction and could lead to dismissal of an eviction action. Truly v. Heuft, 138 Wn.App. 913, 158 P.3d 1276 (Div. 1 2007). New laws in 2019 and in 2020 change the requirements for the notice to pay rent or vacate state-wide. New laws in Federal Way and Seattle necessitate contents in notices […]
The Seattle City Council passed a law banning residential evictions between December 1 and March 1. The law does not apply to landlords who own fewer than five rental units within Seattle. The winter eviction ban does not apply when the owner or an immediate family member intends to move into the rental as their primary home; when the owner intends to sell a single family home; if the tenant creates a nuisance or engages in drug activity; the owner seeks to discontinue sharing the owner’s own housing unit with the tenant; and a few other narrow exceptions. The law […]