Eviction (Landlord)

Seattle Eviction Lawyers, Landlord Attorneys.

We are a full service Eviction Firm dedicated exclusively to the representation of Landlords in Eviction Proceedings.

Eviction Moratorium due to COVID-19

2020 was a difficult time for everyone and landlords everywhere have been asked to foot the bill for a large portion of what may ultimately be uncollectible debt. While we are not unsympathetic to tenants who are unable to pay, we recognize the struggles of landlords and are aware of the frustration that this past year has presented. As we attempt to move past the complications presented by the COVID 19 pandemic and into a state of relative normalcy, however, Washington landlords should be aware of recent changes in the law that will affect the eviction process in significant ways.

As the Eviction Moratorium expires and the governor’s bridge order takes effect, it is important to recognize at the front of this article two practical issues: 1) Many landlords have neither terminated a lease or started an eviction since March 1, 2020; and 2) the laws are new and constantly changing and there is little guidance as to how they will be treated. Without proper guidance, even the most experienced landlords may be faced with the fact that procedures they had in place prior to the Governor’s proclamation are now improper and subject to fines. Given the complicated legal issues involved, and taking into consideration the quickly changing legal environment, it is important that you consult with an expert prior to taking action.

1. Terminating a Lease

One of the biggest changes this year was the enactment of ESHB 1236. SL, which amends the residential landlord tenant act to impose new obligations on landlords when terminating leases. The former law allowed a landlord or tenant to terminate a month-to-month tenancy by delivering 20-day notice prior to the end of rental period. Under the new law, a tenant can still terminate a month-to-month tenancy by delivering a 20 day notice, but a landlord cannot. Further, unless under a fixed term lease (explained further below), may only terminate a tenancy by serving a notice to terminate based on one of 17 enumerated reasons (termination for cause). The only situations where a landlord can terminate a lease without cause are under fixed term leases.

Under a fixed term lease, the landlord may terminate a lease without cause if (1) at the inception of the tenancy, the landlord and tenant entered into a rental agreement between six and 12 months; and (2) the landlord gives the tenant at least 60 days-notice that the tenancy will terminate at the expiration of the lease. For example, if you’ve rented an apartment to your tenant that has a start date of January 1, 2021, and the lease expires on July 31, 2021, you would have to give notice of termination no later than June 1, 2021. Please note that this still requires 60-day notice and not 20 day notice.

​For all other leases, including fixed term leases that have become monthly leases, a landlord can only terminate a lease based on one of 17 enumerated reasons.

2. ​Payment Plans

Under the moratorium, any landlord who failed to offer a reasonable payment plan to their tenant would not be unable to collect a judgment for any past due payments in an unlawful detainer action. Under the new law, failure to offer a reasonable payment plan prior to eviction will be an affirmative defense to eviction.

The following are some of the requirements for a repayment plan:

– The repayment plan cannot require a tenant to pay more than 1/3 of additional monthly rent (i.e. if a tenant is paying $4500 per month, the tenant cannot be required to pay more than $1500 per month toward the owed amount.
– The repayment plan must not require payment until after 30 days of the execution of the repayment plan
– The repayment plan must cover rent only, late fees are prohibited as well as attorney’s fees
– The repayment plan must allow for payment from any source of income, including government assistance and/or non-profit donations
– The repayment plan can’t be conditioned on the tenant’s acceptance of prohibited conditions (i.e. the landlord can’t condition the payment plan on the tenant’s agreement to pay attorney’s fees.)

​The tenant has 14 days to accept the terms of the repayment plan, after which the landlord can move for unlawful detainer. If the tenant accepts the repayment plan and defaults, the landlord can also move for unlawful detainer (or apply for state provided aid).

​3. ​Hotels and Motel Owners Excepted

Importantly, the new laws have made an exception for hotel and motel owners, and this is effective as of July 1, 2021. Essentially, 5160-S2.SL places long term hotel guests in two categories. Hotel guests who have been residing in a hotel for 30 days or more prior to March 1, 2020 are considered “tenants” and therefore hotel owners have a legal obligation to treat them as tenants. This means providing a payment plan and proceeding with unlawful detainer actions.

Those who have been residing in a hotel for 30 days or more, but who began their stay past March 1, 2020 will not be considered tenants if they are given a 7-day eviction notice with specific language on it. It is presently unclear as to whether a hotel owner would be required to initiate unlawful detainer actions for these hotel guests, but it seems that, as the guests are not tenants, it will be a matter for the police department and not the courts. This would have been the procedure for hotels prior to the moratorium.