Washington Just Cause Eviction Law

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 in the property requires 90 days’ notice. This is true even though the eviction moratorium requires only 60 days’ notice.

Tenants may still be evicted for non-payment of rent. Landlords must comply with the payment plan laws for rent that accrues during the moratorium through the end of this year. Landlords must also participate in the Eviction Resolution Program, which is a mediation process with mandatory forms and procedures. The landlord may proceed with an eviction if only one notice to pay rent or vacate is not cured, subject to payment plan and Eviction Resolution Program requirements.

A landlord may also evict if the tenant fails to cure a material breach other than nonpayment after service of a “10-day” notice to comply or vacate. If the tenant fails to cure the notice the landlord may move forward with eviction. If the tenant cures the notice, but the landlord issues four or more such notices within a 12-month period the landlord may serve a 60-day notice terminating the tenancy. This process requires mandatory language on the notices and other specific procedures.

A landlord may serve a 30-day notice if the tenant made material misrepresentations on the rental application.

There are provisions to terminate a tenancy when the owner seeks to convert the property to condominiums, for condemned housing, and for transitional housing.

The landlord may end a tenancy if the tenant refused to enter into a reasonable rental agreement renewal.

This is a short summary of some of the highlights of the Washington just cause eviction law. It is always best to consult with an attorney, but even more so in light of this and a myriad of new laws and court decisions on landlord-tenant law.

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